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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Amendment of Part 11 of the Commission's Rules    )    EB  Docket 

No. 01-66
Regarding the Emergency Alert System    )    RM-9156
                                )  RM-9215
                                
                        REPORT AND ORDER

Adopted:  February 22, 2002     Released:  February 26, 2002

By the Commission:  

                        TABLE OF CONTENTS
                                                    Paragraph
I.   INTRODUCTION                                           1

II.  BACKGROUND                                             3

III. DISCUSSION                                             5
     A.EAS Codes                                            5
       1. Event Codes                                       7
          a.Naming Convention                               7
          b.New Event Codes                                11
          c.Cancellation Codes                             31
       2. Location Codes                                   34
          a.Marine Area Location Codes                     35
          b.Entire Country Location Code                   37
          c.Customized Location Codes                      40
       3. Originator Codes                                 42
     B.EAS Equipment                                       44
       1. Selective Displaying and Logging of EAS Messages 44
       2. Equipment Authorization Requirements             46
     C.EAS Testing                                         48
     D.Modulation Level of EAS Codes                       51
     E.Protocol for Text Transmission                      54
     F.Carriage of Audio of Presidential Messages from Non-EAS 
Sources57
     G.Use of Common EAS Equipment by ``Key'' Broadcast Stations 
and Cable Systems                                          60
     H.EAN Network                                         62
     I.International High Frequency Stations               64
     J.Waiver Requests                                     66
     K.Other Matters                                       76

IV.  CONCLUSION                                            83

V.   PROCEDURAL MATTERS                                    84

VI.  ORDERING CLAUSES                                      86
                        I.  INTRODUCTION

     1.   In this  Report and  Order,  we amend  Part 11  of  the 
     Commission's Rules (``Rules'') to  revise the technical  and 
     operational requirements  for  the  Emergency  Alert  System 
     (``EAS'').1  Specifically, we amend the Part 11 rules to (1) 
     add new  state  and local  event  codes, including  a  Child 
     Abduction Event  Code, and  new location  codes; (2)  permit 
     broadcast stations and  cable systems to  program their  EAS 
     equipment to selectively display and log state and local EAS 
     messages; (3) increase the time for retransmitting  Required 
     Monthly Tests (``RMTs'') from 15 to 60 minutes of receipt of 
     the RMT message; (4) revise the minimum required  modulation 
     level of EAS codes; (5) permit broadcast stations to air the 
     audio of a presidential EAS  message from a higher  quality, 
     non-EAS source; (6) eliminate references to the  now-defunct 
     Emergency  Action   Notification  (``EAN'')   network;   (7) 
     eliminate the requirements that international High Frequency 
     (``HF'')  broadcast  stations   purchase  and  install   EAS 
     equipment and cease broadcasting immediately upon receipt of 
     a national-level EAS message; (8) exempt  satellite/repeater 
     broadcast stations which rebroadcast 100% of the programming 
     of their hub  station from  the requirement  to install  EAS 
     equipment; (9) authorize  cable systems  serving fewer  than 
     5,000 subscribers to  meet the October  1, 2002 deadline  by 
     installing certified EAS decoders,  to the extent that  such 
     decoders may become available, rather than both encoders and 
     decoders; and (10) provide that  low power FM stations  need 
     not install  EAS  decoders until  one  year after  any  such 
     decoders are certified by the Commission.

     2.   The rule changes  we are  adopting in  this Report  and 
     Order are primarily intended to enhance the capabilities and 
     performance of the EAS  during state and local  emergencies.  
     Recent  events  in   this  country   have  highlighted   the 
     importance of  maintaining  an alert  system  which  affords 
     national  as  well  as  state  and  local  authorities   the 
     capability   to   provide   emergency   communications   and 
     information to the American public immediately via broadcast 
     stations and cable systems.  Nevertheless, we recognize that 
     participation in EAS at the  state and local levels  remains 
     voluntary and we do not  wish to impose additional costs  or 
     burdens on  broadcast stations  and cable  systems that  may 
     have  the  unintended   effect  of  discouraging   voluntary 
     participation in state and local EAS activities.  Therefore, 
     we will not require broadcast stations and cable systems  to 
     upgrade their existing  EAS equipment to  add the new  state 
     and local  event  codes  and  location  codes  that  we  are 
     adopting  in  this  proceeding.   Rather,  we  will   permit 
     broadcast  stations  and  cable  systems  to  upgrade  their 
     existing EAS equipment  to add  the new  event and  location 
     codes on a voluntary basis until the equipment is  replaced.  
     All existing and  new models of  EAS equipment  manufactured 
     after August  1, 2003  will  be required  to be  capable  of 
     receiving and transmitting the  new codes.  We believe  that 
     this  approach  strikes   an  appropriate  balance   between 
     promoting public safety by permitting enhancements to  state 
     and local EAS and ensuring that any such enhancements do not 
     result in reduced voluntary participation in state and local 
     EAS activities.

                           II.  BACKGROUND

     3.   In 1994, the Commission adopted rules establishing  the 
     EAS as  a replacement  for  the Emergency  Broadcast  System 
     (``EBS'') and requiring cable  systems as well as  broadcast 
     stations to participate  in EAS.2   The Commission  extended 
     the EAS  requirements to  wireless cable  systems in  1997.3  
     Participation  in  national  EAS  alerts  is  mandatory  for 
     broadcast  stations,  cable   systems  and  wireless   cable 
     systems.4  These  entities participate  in state  and  local 
     area EAS plans on a voluntary basis. Broadcast stations were 
     required to  install the  new EAS  equipment by  January  1, 
     1997.  Cable systems  with 10,000 or  more subscribers  were 
     required to install new EAS equipment by December 31,  1998.  
     Cable  systems  with  fewer  than  10,000  subscribers   and 
     wireless  cable  systems5  are   required  to  install   EAS 
     equipment by October 1, 2002.

     4.   On March 20,  2001, the Commission  issued a Notice  of 
     Proposed Rulemaking (``NPRM'')6 to  seek comment on  various 
     revisions to  technical  and  operational  EAS  requirements 
     requested in petitions for rulemaking filed by the  National 
     Oceanic and Atmospheric  Administration (``NOAA'')  National 
     Weather Service  (``NWS'')7  and the  Society  of  Broadcast 
     Engineers (``SBE'').8  The NPRM also proposed to revise  the 
     EAS rules  to  eliminate  obsolete  references  to  the  EAN 
     network and its participants  and to delete the  requirement 
     that  international  HF  broadcast  stations  purchase   and 
     install EAS equipment.   Thirty-four parties filed  comments 
     on the NPRM.9

                       III.    DISCUSSION

     A.  EAS Codes

     5.   The EAS equipment used by broadcast stations and  cable 
     systems sends and receives  messages using a precise  format 
     called the EAS protocol.  Each  EAS message has four  parts:  
     digital header codes, a two-tone attention signal, an  audio 
     and/or video  message,  and an  End  of Message  code.   The 
     header codes define  the nature  of the  event or  emergency 
     (event code), the location of the emergency (location code), 
     the party that originated the emergency message  (originator 
     code), and the valid time  period of the message.  The  two-
     tone attention  signal,  which  must be  transmitted  for  a 
     minimum  of  eight  seconds,  provides  an  audio  alert  to 
     audiences that emergency  information is about  to be  sent.  
     The EAS protocol is virtually identical to the NOAA  Weather 
     Radio (``NWR'')  Specific Area  Message Encoding  (``SAME'') 
     technique, which  NWS uses  to  transmit messages  over  NWR 
     transmitters around the country.

     6.   The NPRM sought  comment on numerous  revisions to  the 
     EAS codes requested by NWS  and SBE, including the  adoption 
     of a  naming  convention  for event  codes,  new  event  and 
     location codes, and a revision of NWS's originator code.

     1.  Event Codes

       a.  Naming Convention

     7.   In the NPRM, we invited  comment on NWS's request  that 
     the Commission adopt a naming convention for state and local 
     event codes.10   Under the  naming convention  suggested  by 
     NWS, the third letter of all hazardous state and local event 
     codes would be limited  to one of  four letters:  ``W''  for 
     warnings, ``A''  for  watches, ``E''  for  emergencies,  and 
     ``S''  for  statements.11   NWS  asserted  that  the  naming 
     convention would  make possible  a wider  range of  consumer 
     products without lessening the  current capabilities of  the 
     EAS or NWR-SAME.  We noted in the NPRM that adoption of  the 
     naming convention  would require  revision of  the  existing 
     event codes for Tornado  Warning (TOR), Severe  Thunderstorm 
     Warning (SVR) and Evacuation Immediate (EVI) to TOW, SVW and 
     IEW, respectively.   We expressed  concern that  adding  the 
     revised codes  and deleting  the  existing codes  for  these 
     three important events would  require any broadcast  station 
     or cable  system that  wishes to  participate in  state  and 
     local EAS alerts to modify  or upgrade its EAS equipment  to 
     handle the revised codes.   Therefore, we sought comment  on 
     ways to ease the transition in the event that we adopted the 
     naming convention, such  as requiring NWS  to transmit  both 
     the revised codes  and the  existing codes  for these  three 
     events  during  a  transition  period.   We  also  requested 
     specific information on  any costs  that broadcast  stations 
     and cable  systems participating  voluntarily in  state  and 
     local EAS  alerts  may incur  if  the naming  convention  is 
     adopted and  the  impact the  revised  codes would  have  on 
     existing EAS equipment that is not modified or upgraded.

     8.   Based on our review of  the comments, we conclude  that 
     the best approach is to use the naming convention  suggested 
     by NWS on a going-forward basis for the new event codes that 
     we adopt in this proceeding and  any new event codes we  may 
     adopt in the future,  but not to  revise any existing  event 
     codes.  NWS asserts that  adoption of the naming  convention 
     will ensure that the NWR-SAME  and EAS systems are  downward 
     compatible  with   consumer   products  using   these   code 
     systems.12  NWS explains that although it is not possible to 
     integrate new three-character event codes into the  hundreds 
     of thousands of existing  consumer products or the  millions 
     of such products  anticipated in coming  years, adoption  of 
     the naming convention would  allow an algorithm in  consumer 
     devices to check the third  character of any event code  not 
     integrated in the device for a W, A, E, or S and generate  a 
     generic notification with the  intended alert level.   Thus, 
     for example, if the third letter in an event code is  ``W,'' 
     the consumer device would recognize  the event as a  warning 
     and alert, even if the  device does not recognize the  first 
     two letters  of  the event  code.13   We agree  that  it  is 
     logical to apply the naming convention prospectively to  new 
     event codes  because  it  will enable  existing  and  future 
     consumer products to alert upon receipt of a new event  code 
     even if the product does not recognize the particular code.

     9.   However, we believe that  any benefits that may  result 
     from revising any existing codes to conform with the  naming 
     convention  are  outweighed  by   the  costs.   As   several 
     commenters  point  out,  it  does  not  appear  that  it  is 
     necessary to  revise the  existing  codes.14  NWS  does  not 
     offer any specific reason or justification for revising  the 
     existing codes.  Rather, NWS simply states that ``[w]hile it 
     may appear that not revising these event codes would have no 
     adverse consequences,  it is  not unreasonable  to  conclude 
     that inaction now may result in reduced future applications, 
     complications, and  significant costs  for changes.''15   We 
     are not  persuaded  that  some  possible,  undefined  future 
     consequences justify  the costs  that would  be incurred  by 
     broadcast stations  and  cable  systems if  we  revised  the 
     existing codes  to accommodate  the naming  convention.   In 
     this regard,  we share  concerns voiced  by some  commenters 
     that revising the existing codes would require any broadcast 
     station or cable system that wishes to participate in  state 
     and local EAS alerts to upgrade its EAS equipment to  handle 
     the  revised  codes.16   Two  EAS  equipment   manufacturers 
     indicate  that  the  revised  codes  could  be  accomplished 
     through  software  and/or  firmware  upgrades  to   existing 
     equipment,17 while the  National Cable &  Telecommunications 
     Association (``NCTA'') states that the manufacturers it  has 
     contacted  have  suggested  that  hardware  and/or  software 
     upgrades will be required to the equipment in each and every 
     location with equipment.18   Estimates of the  cost of  such 
     upgrades provided by the equipment manufacturers range  from 
     $100 to $300 plus  shipping and handling.19  NCTA  estimates 
     that for the  cable industry the  cost to upgrade  equipment 
     would be  $200 to  $500 plus  labor and  the  administrative 
     costs of installing  the upgrades for  some companies in  as 
     many as  2,500  headends and  nodes.20   Commenters  express 
     concern that  some  broadcast stations  and  cable  systems, 
     particularly smaller entities, may forego equipment upgrades 
     necessary to incorporate the revised codes because of  these 
     costs.21  As we discuss in more detail below, we do not wish 
     to impose additional costs  and burdens on EAS  participants 
     that may result in reduced voluntary participation in  state 
     and local EAS activities.  We  are also very concerned  that 
     revision of the existing codes may cause the public to  miss 
     emergency  warnings  for  these  important  events  if  some 
     broadcast stations and cable  systems choose not to  upgrade 
     their EAS equipment.  

     10.  Moreover, NWS disputes our suggestion in the NPRM  that 
     it has the capability to transmit both existing and  revised 
     codes for Tornado Warning,  Severe Thunderstorm Warning  and 
     Evacuation Immediate  events  during  a  transition  period, 
     asserting that  NWR-SAME  systems cannot  encode  two  event 
     codes in the same  message header.22  Other commenters  also 
     raise strenuous objections to this suggestion, arguing  that 
     the simultaneous transmission of existing and revised  codes 
     for these  important  events  could lead  to  confusion  and 
     error.23  Thus,  it  appears  that  providing  a  transition 
     period during which both existing and revised codes could be 
     used is not a  viable option.  Particularly  in view of  the 
     cost and safety  concerns cited above,  we are unwilling  to 
     revise any existing event codes without being able to afford 
     broadcast stations and cable  systems an adequate period  of 
     time to ease the transition.

       b.  New Event Codes

     11.  Section 11.31(e)  of  the Rules  lists  the  authorized 
     three-letter event codes for national EAS events and  tests, 
     which broadcasters and cable systems are required to receive 
     and transmit,  and for  state and  local EAS  events,  which 
     broadcasters and cable systems voluntarily participating  in 
     state and local area EAS  plans may transmit on an  optional 
     basis.24  We sought comment in  the NPRM on requests by  NWS 
     and others that we amend  Section 11.31(e) to add new  state 
     and local event codes for emergency conditions not  included 
     in the current list and for certain administrative  messages 
     and non-EAS applications.25   We included a  listing of  the 
     recommended new event codes in an Appendix to the NPRM.26 We 
     also sought comment on whether, as an alternative to  adding 
     new state  and  local event  codes  and location  codes,  we 
     should amend the rules to provide that any modifications  to 
     existing authorized  EAS  equipment that  are  necessary  to 
     implement revisions  in EAS  codes  are Class  I  permissive 
     changes that do not require a new application for and  grant 
     of  equipment  certification.27   Under  this   alternative, 
     broadcasters and  cable  systems  could  satisfy  their  EAS 
     obligations with equipment designed to function with  either 
     the  existing  codes   or  an  expanded   range  of   codes.  
     Additional state and  local event codes  and location  codes 
     could be developed  directly by state  and local  officials, 
     broadcasters and  cable operators,  equipment  manufacturers 
     and other interested  parties.  The use  of these codes  and 
     the equipment needed to access them would be implemented  on 
     a permissive basis as determined  by the specific needs  and 
     interests of the local area participants.  We suggested that 
     this  alternative  approach  would  eliminate  the  need  to 
     conduct rulemakings  to revise  the  state and  local  event 
     codes, and  would  afford  equipment  manufacturers  greater 
     flexibility in the design and modification of EAS equipment.

     12.  We will amend Section 11.31(e) of the Rules to add  new 
     state and local  event codes.  There  is widespread  support 
     among the commenters for the addition of new event  codes.28  
     Commenters assert  that adding  new event  codes to  Section 
     11.31(e) will improve and expand the capabilities of EAS and 
     thereby promote public  safety.29  We  agree.  In  addition, 
     commenters overwhelmingly oppose our alternative  suggestion 
     to leave the development of state and local event codes  and 
     location codes to state and local authorities.30  Commenters 
     fear that this approach would result in great variations  in 
     EAS equipment throughout the  country, which could  threaten 
     the reliability  of the  EAS  system and  jeopardize  public 
     safety.31  Commenters  are  also  concerned  that  equipment 
     manufacturers may  be reluctant  to  insert new  codes  into 
     their equipment  unless  the  codes  are  specified  in  the 
     Commission's  rules  and   that  the   cost  of   purchasing 
     customized equipment  might  be prohibitive  and  result  in 
     decreased voluntary participation in EAS.32  We believe that 
     these are valid  concerns and therefore  will not adopt  our 
     alternative suggestion  to leave  the development  of  event 
     codes and location codes to state and local authorities.33

     13.  Although commenters generally  support the addition  of 
     new state and local event codes, they differ on how the  new 
     codes should  be implemented.   Some commenters  urge us  to 
     require all broadcast stations and cable systems to  upgrade 
     existing EAS  equipment to  incorporate  the new  codes  and 
     commence use of the new codes on a specified future  date.34  
     Other  commenters  favor  voluntary  upgrades  of   existing 
     equipment.35  We  will  adopt NCTA's  suggestion  to  permit 
     broadcast  stations  and  cable  systems  to  upgrade  their 
     existing EAS  equipment to  add  the new  event codes  on  a 
     voluntary basis  until it  is replaced.36   Further, we  are 
     cognizant of the effects of these rule changes on  equipment 
     manufacturers and  therefore  will not  require  that  newly 
     manufactured  equipment   be   capable  of   receiving   and 
     transmitting these  new event  codes until  August 1,  2003.  
     Thus,  all  existing  and   new  models  of  EAS   equipment 
     manufactured after August  1, 2003  will be  required to  be 
     capable of  receiving  and  transmitting  these  codes.   We 
     believe  that  this  approach  is  preferable  for   several 
     reasons.

     14.  First, participation  in EAS  at  the state  and  local 
     levels has been voluntary since we first authorized its  use 
     for state and local emergencies in 1976.37  Despite the fact 
     that participation  in state  and  local EAS  is  voluntary, 
     broadcast  stations  and  cable  systems  have  participated 
     extensively in  state  and  local EAS  activities  and  have 
     helped to  make EAS  an  invaluable tool  for  disseminating 
     information about state and local emergencies to the public.  
     We fully expect  that broadcast stations  and cable  systems 
     will continue to be active  participants in their state  and 
     local EAS plans  and we strongly  encourage them to  upgrade 
     their existing  equipment  and  begin using  the  new  codes 
     without delay.  We think, however, that it would be contrary 
     to the voluntary nature  of state and  local EAS to  mandate 
     upgrades  to  existing  EAS  equipment  to  incorporate  new 
     optional event codes.

     15.  In addition, we are concerned that imposing  additional 
     costs and burdens on broadcast stations and cable systems at 
     this  time  may  have  the  undesired  effect  of   reducing 
     voluntary participation in state  and local EAS  activities.  
     The commenters confirm that implementation of the new  codes 
     will  necessitate  software/firmware  and,  in  some  cases, 
     hardware upgrades  to existing  equipment.38  Two  equipment 
     manufacturers  which  filed  comments  estimate  that   such 
     upgrades will  cost  from $100  to  $300 plus  shipping  and 
     handling.39  While these costs  may seem relatively  modest, 
     we recognize that  they may  present a  financial burden  to 
     some broadcast  stations,  particularly  radio  stations  in 
     smaller markets.40  Furthermore, it  appears that the  costs 
     of upgrades for cable  systems may be significantly  higher.  
     In this regard,  NCTA estimates, based  on discussions  with 
     equipment manufacturers, that the cost for cable systems  to 
     upgrade their equipment would be $200 to $500 plus labor and 
     the administrative costs of installing the upgrades in  each 
     and every headend.41  NCTA  further observes that for  cable 
     systems this additional expense would come only three  years 
     after  making  substantial  expenditures  to  purchase   and 
     install  new  EAS   equipment.42  Similarly,  the   National 
     Association of Broadcasters (``NAB'') points out that it has 
     only been  about five  years since  broadcast stations  made 
     substantial investments  in  new EAS  equipment.43   Several 
     commenters predict  that the  costs and  burdens  associated 
     with  a  requirement  to  retrofit  existing  equipment   to 
     implement the new codes would cause some broadcast  stations 
     and cable systems to  suspend their voluntary  participation 
     in state and local EAS.44   We are troubled that this  could 
     result in the public  missing important emergency  warnings.  
     Moreover, the record  before us is  incomplete in that  only 
     two EAS equipment manufacturers submitted comments including 
     specific cost  information for  their equipment.   While  we 
     expect that  the  costs of  upgrading  other models  of  EAS 
     equipment will be comparable, we are unable to fully  assess 
     the impact  that mandatory  upgrades of  existing  equipment 
     would have on broadcast  stations and cable systems  without 
     specific cost information  for all types  of EAS  equipment.  
     Thus, for these  reasons, we  think that  the public  safety 
     objectives underlying  addition of  the new  codes are  best 
     accomplished by encouraging maximum voluntary  participation 
     in state  and  local EAS  plans,  rather than  by  mandating 
     upgrades to existing equipment.

     16.  Although we are not  mandating that broadcast  stations 
     and cable systems  upgrade their existing  EAS equipment  to 
     incorporate the new event  codes, we will require  broadcast 
     stations and cable systems which replace their EAS equipment 
     after February  1, 2004  to install  EAS equipment  that  is 
     capable of receiving and  transmitting the new event  codes.  
     Thus, after February 1,  2004, broadcast stations and  cable 
     systems may not  replace their existing  EAS equipment  with 
     used equipment or  older models  of equipment  that has  not 
     been upgraded to incorporate the new event codes.  This will 
     ensure that all  broadcast stations and  cable systems  have 
     the capability to receive and  transmit the new event  codes 
     when their EAS equipment is replaced. 

     17.  We recognize that broadcast stations and cable  systems 
     which do not upgrade their existing equipment will be unable 
     to receive or transmit the  new event codes.45  However,  we 
     believe that  any minor  inconvenience  this may  cause  EAS 
     participants (e.g.,  by causing  their equipment  to log  an 
     ``unknown event'') is offset by  the benefits to the  public 
     of  adding  the  new  event  codes.   In  addition,  we  are 
     confident  that  permitting  EAS  participants  to   upgrade 
     existing equipment on a voluntary basis will not  compromise 
     the functioning  of the  EAS  system.  The  State  Emergency 
     Communications Committees  (``SECCs'') and  Local  Emergency 
     Communications Committees (``LECCs'') have played a critical 
     role in developing state and  local EAS operating plans  and 
     ensuring  that  the  public   receives  timely  and   useful 
     information  when  natural  disasters  and  other  emergency 
     situations arise.  We expect that  the SECCs and LECCs  will 
     continue to demonstrate their  commitment and dedication  to 
     EAS by updating their state and local plans and taking other 
     steps necessary to ensure  the smooth implementation of  the 
     new codes  within their  states  (e.g., by  encouraging  key 
     sources which  relay EAS  messages  to obtain  the  upgrades 
     promptly).

     18.  Commenters express differing views  on which new  event 
     codes should be added to the list in Section 11.31(e).  Some 
     commenters assert that event codes  should only be added  to 
     the extent  necessary to  address the  public's need  to  be 
     informed in an emergency and to enhance public safety,46 and 
     some commenters caution that the total number of event codes 
     should  be  modest  to  avoid  threatening  the  memory  and 
     functioning  of  EAS  equipment.47   Many  commenters   make 
     specific recommendations as to which codes should be adopted 
     and which should be rejected as redundant or  unnecessary.48  
     We will add  the following new  event codes to  the list  in 
     Section 11.31(e):

       Nature of Activation                  Event Code
       Avalanche Warning                AVW
       Avalanche Watch                  AVA
       Child Abduction Emergency             CAE 
       Civil Danger Warning                  CDW
       Coastal Flood Warning                 CFW
       Coastal Flood Watch                   CFA
       Dust Storm Warning                    DSW
       Earthquake Warning                    EQW
       Fire Warning                     FRW
       Hazardous Materials Warning           HMW
       Law Enforcement Warning               LEW
       Local Area Emergency                  LAE
       Network Message Notification               NMN
       911 Telephone Outage Emergency        TOE
       Nuclear Power Plant Warning           NUW
       Radiological Hazard Warning           RHW
       Shelter in Place Warning              SPW
       Special Marine Warning           SMW
       Tropical Storm Warning           TRW
       Tropical Storm Watch                  TRA
       Volcano Warning                  VOW

     As we discuss  above, we are  using NWS's naming  convention 
for these  new  codes.  In  adopting  these new  codes,  we  have 
attempted to balance the interest in promoting public safety with 
the various concerns articulated  by commenters.  Following is  a 
discussion of the event codes which prompted specific comments or 
objections.

     19.  Child Abduction Emergency Code.  We included a  Missing 
     Child Statement (MIS)  event code in  the list of  suggested 
     event codes  in the  NPRM based  on requests  to  Commission 
     staff for a  specific event  code to be  used in  connection 
     with local,  state  and regional  AMBER  Plans.49   Fourteen 
     parties filed comments endorsing the addition of a  specific 
     event code  to  activate  AMBER Plans.50   As  the  National 
     Center  for  Missing  and  Exploited  Children   (``NCMEC'') 
     explains,  the  AMBER51  Plan  is  a  voluntary  partnership 
     between law enforcement agencies and  the media to send  out 
     an emergency alert to the public in serious child  abduction 
     cases.52  It  was established  in 1996  in response  to  the 
     abduction and  murder of  a nine-year  old girl  in  Dallas, 
     Texas.  Under  the AMBER  Plan,  area radio  and  television 
     stations  interrupt  programming  to  broadcast  information 
     concerning a serious child abduction case using the EAS.  To 
     maintain the integrity of the  EAS and prevent its  overuse, 
     AMBER alerts  are  only  used for  the  most  serious  child 
     abduction cases, where police believe the child is in danger 
     of serious bodily harm  or death, not  for runaways or  most 
     parental abductions.  Currently, there are approximately  26 
     active AMBER  Plans  nationwide  on  the  local,  state  and 
     regional  levels  and  numerous  other  AMBER  Plans   under 
     development.  However,  because  there is  no  specific  EAS 
     event code  for serious  child abductions,  AMBER Plans  are 
     presently activated using the Civil Emergency Message  event 
     code.  NCMEC  states that  the use  of the  Civil  Emergency 
     Message event  code for  AMBER alerts  has caused  confusion 
     among some listeners and  viewers, who initially think  that 
     the Civil  Emergency  Message is  being  used to  alert  the 
     public about a natural disaster.

     20.  We conclude that the public interest will be served  by 
     adding a specific event  code to be  used for AMBER  alerts.  
     We believe that  the addition  of a specific  code for  this 
     purpose will promote  public safety by  providing local  law 
     enforcement authorities and EAS participants with a means to 
     quickly disseminate information pertaining to serious  child 
     abduction cases.  Additionally, we  are very concerned  that 
     the current practice  of using the  Civil Emergency  Message 
     code to activate AMBER alerts  may mislead and confuse  some 
     listeners and viewers.   However, we  agree with  commenters 
     who maintain that the Missing Child Statement code suggested 
     in the NPRM may misrepresent  the purpose of the AMBER  Plan 
     and lead to  overuse of the  EAS system.53  Accordingly,  we 
     will instead  add a  Child Abduction  Emergency (CAE)  event 
     code.   We  think  that  the  designation  Child   Abduction 
     Emergency is more  appropriate because  it underscores  that 
     the code  is only  to be  used for  the most  serious  child 
     abduction cases when  a child's  life is believed  to be  in 
     danger; thus, use of the Child Abduction Emergency code will 
     protect the integrity and credibility of both the AMBER Plan 
     and the EAS system.  In  response to concerns raised by  one 
     commenter,54 we emphasize that participation in local  AMBER 
     Plans will be entirely voluntary under our rules.

     21.  Nuclear Power  Plant  Warning Code.   The  NPRM  sought 
     comment on recommendations to  add Nuclear Power Plant  Test 
     Message (NPM) and  Nuclear Power Plant  Warning (NPW)  event 
     codes.55 Two commenters object that use of these codes could 
     conflict  with   internal   NWS  codes   used   for   ``non-
     precipitation warnings.''56  Another commenter asserts  that 
     a separate code  for nuclear power  plants is redundant  and 
     unnecessary if  the  Radiological  Hazard  Warning  code  is 
     adopted.57  One commenter submits that separate Radiological 
     Hazard Warning and Nuclear  Power Plant Warning event  codes 
     are appropriate because the risk posed by a nuclear plant is 
     greater and  could impact  a much  wider geographical  area; 
     this commenter suggests  that we add  NPP for Nuclear  Power 
     Plant Warning  to  avoid  any conflicts  with  internal  NWS 
     codes.58

     22.  We will add a  NUW event code  for Nuclear Power  Plant 
     Warnings in lieu of the  codes suggested in the NPRM.   This 
     code will not conflict  with the internal  non-precipitation 
     warning codes used by NWS.  Moreover, while a nuclear  power 
     plant emergency  could fall  under the  general category  of 
     radiological hazards, we believe  that it is appropriate  to 
     add a separate, more specific  code for nuclear power  plant 
     emergencies because they pose a greater risk to the  public.  
     We think that  the NUW code  is preferable to  the NPP  code 
     suggested by  one commenter  because  it conforms  with  the 
     naming convention we are adopting in this proceeding.

     23.  School  Closing  Statement  Code.   In  the  NPRM,   we 
     requested comment  on  a  recommendation  to  add  a  School 
     Closing Statement (SCS) event code.59  Two commenters oppose 
     adding this  code, arguing,  among  other things,  that  the 
     media already  does an  adequate  job of  announcing  school 
     closures due to inclement weather and other causes and  that 
     school closings are typically done on a district-by-district 
     or school-by-school basis so there would have to be separate 
     alerts  for  each  district   and  school.60  None  of   the 
     commenters expressly  support  addition of  this  code.   We 
     concur with the arguments  made by commenters and  therefore 
     will not add the School Closing Statement event code.

     24.  Dam Break Warning  Code.  We requested  comment in  the 
     NPRM on  the addition  of a  Dam Break  Warning (DBW)  event 
     code.61  NWS  opposes  the  addition of  this  code.62   NWS 
     states that, as part of its legislatively-mandated  mission, 
     it issues Flash  Flood Warnings and  other messages for  dam 
     break emergencies based on information provided by  federal, 
     state  and  local  land  and  water  management  authorities 
     through agreements with appropriate agencies.  NWS  contends 
     that adding another  code for  the same  event would  create 
     operational conflicts and  possible public confusion  during 
     emergencies.  SBE disagrees with  NWS, arguing that the  Dam 
     Break Warning is more than a simple Flash Flood Warning  and 
     would  reach  parties  that   would  not  normally   require 
     notification and  call to  action  for typical  flash  flood 
     situations.63  We will not add  the Dam Break Warning  event 
     code.  We  will  defer  to  NWS's view  that  this  code  is 
     unnecessary  in  light  of  its  expertise  as  the   agency 
     primarily responsible  for  issuing  alerts  for  dam  break 
     emergencies.

     25.  NWS's Internal Use Only Administrative Codes.  The NPRM 
     sought comment on four ``administrative'' event codes  which 
     would be used by NWS  to control individual NWR  transmitter 
     systems:  Transmitter Primary  On (TXP), Transmitter  Backup 
     On (TXB),  Transmitter  Carrier On  (TXO),  and  Transmitter 
     Carrier Off (TXF).64  One commenter objects to adding  these 
     codes to the  EAS rules  because they are  for internal  NWS 
     machine command and control functions and thus fall  outside 
     the scope  of EAS,  which is  intended to  be used  for  the 
     dissemination of  call  to action  and  warning  messages.65  
     This commenter also maintains that inclusion of these  codes 
     in the EAS rules  would limit NWS's operational  flexibility 
     because further  rulemakings would  be required  before  NWS 
     could implement any additional such codes.  

     26.  We will not add these administrative codes to the  list 
     of event codes in Section 11.31(e). We see no need to  amend 
     the EAS rules to include  event codes which are clearly  not 
     intended for transmission over the EAS system.  Instead,  we 
     think that a better approach would  be to leave it to  NWS's 
     discretion   to   implement   these   internal   use    only 
     administrative  codes  over  its  NWR-SAME  system.66   This 
     approach will  afford NWS  greater flexibility  to make  any 
     necessary changes or additions  to its administrative  codes 
     and to  implement such  codes without  having to  request  a 
     Commission rulemaking.

     27.  SKYWARN Code.  Two commenters  request that we add  the 
     new event code SKY to be used to activate SKYWARN, which  is 
     the  NWS's  national   volunteer  severe  weather   spotting 
     program.67  According  to  these  commenters,  NWS  Forecast 
     Offices  (``NWSFOs'')   currently   activate   the   SKYWARN 
     volunteers using telephone  trees, pagers and  announcements 
     on NWR.   The  commenters state  that  the addition  of  the 
     SKYWARN  code  would  enable  the  NWSFOs  to  automate  the 
     activation of the SKYWARN volunteers and would also get  the 
     SKYWARN activation message via the EAS to news media,  which 
     would result in the  greatest possible dissemination of  the 
     activation message.  One  commenter asserts  that we  should 
     not act on  the request  for a  SKYWARN code  at this  time, 
     arguing that recommendations in this area should be made  by 
     NWS.68

     28.  Although  we  recognize  that  the  SKYWARN  volunteers 
     provide a valuable service, we will not add the SKYWARN code 
     to the list  of event codes  in Section 11.31(e).   Notably, 
     NWS has not endorsed  the adoption of  this event code.   We 
     agree that recommendations in this area should be made or at 
     least supported by NWS.  In addition, we are concerned  that 
     transmission of this code over the EAS would vastly increase 
     message traffic on the EAS  system.  In this regard, we  are 
     worried that  overuse  of  the EAS,  particularly  for  non-
     emergency messages, could reduce voluntary participation  in 
     EAS and could also desensitize the audience to the  alerting 
     system.

     29.  Miscellaneous Watch  and  Statement  Codes.   The  NPRM 
     requested comment on a number of new event codes recommended 
     for ``watch'' events, including Avalanche Watch (AVA), Civil 
     Danger Watch (CDA),  Coastal Flood Watch  (CFA), Dust  Storm 
     Watch (DSA),  Earthquake  Watch (EQA),  Hazardous  Materials 
     Watch (HMA), Radiological Hazard Watch (RHA), Tropical Storm 
     Watch (TSA) and Volcano Watch (VOA).  Two commenters  oppose 
     adding many of these watch event codes due to concerns  over 
     the physical limitations  of existing  EAS equipment,  i.e., 
     concerns that adding too many codes will threaten the memory 
     and functioning  of  the  equipment.69   Additionally,  they 
     complain that many of the recommended watch event codes  are 
     not useful and contend that it would be more appropriate  to 
     skip the watch and proceed  directly to a warning for  these 
     events.70   For  similar   reasons,  both  commenters   also 
     recommend elimination  of many  of  the existing  watch  and 
     statement event codes.

     30.  Although it is unclear from the record what effect,  if 
     any, the addition of the  relatively modest number of  event 
     codes recommended in this proceeding would have on  existing 
     EAS equipment,71 we  are sensitive to  concerns that  adding 
     too many codes could threaten the memory and functioning  of 
     the equipment.  Furthermore,  we agree  with the  commenters 
     that some  of the  suggested watch  event codes  may not  be 
     particularly useful.   A ``watch''  is defined  as an  event 
     which poses  a significant  threat to  public safety  and/or 
     property, but  either  the  onset  time  or  probability  of 
     occurrence  or   location  is   uncertain.72   Watches   are 
     typically issued where the conditions are ripe or  favorable 
     for the  event to  occur, but  the event  has not  yet  been 
     created or confirmed, e.g., a  hurricane watch or a  tornado 
     watch.  However, for some events,  such as Civil Danger,  it 
     may not be particularly useful  to issue an EAS alert  where 
     the  probability  of   occurrence  or   location  is   still 
     uncertain.  In such cases, it would seem to make more  sense 
     to  proceed  directly  to  a  warning  if  and  when  it  is 
     determined that there is a  high probability that the  event 
     will occur.  Thus, we do not  think that it is necessary  to 
     add a corresponding  watch code  for every  warning code  we 
     add.  Therefore,  we will  not add  all of  the watch  event 
     codes suggested  in  the  NPRM.73   We  will  not,  however, 
     eliminate any  of the  existing  watch and  statement  event 
     codes.  We do not think that  it would be prudent to  remove 
     from the EAS rules any codes that are already in use.

       c.  Cancellation Codes

     31.  In the NPRM, we sought comment on SBE's suggestion that 
     we amend the rules to  include a cancellation code for  each 
     event code in the current list and for each event code  that 
     will  be  added   to  the  list.74    SBE  maintained   that 
     cancellation codes are needed for situations where a warning 
     can be cancelled  prior to its  issued expiration time.   We 
     stated in  the NPRM  that  we were  not convinced  that  the 
     cancellation codes suggested by SBE are necessary given that 
     EAS messages already contain a code that specifies the valid 
     time period of the message.  We therefore requested specific 
     comment on how frequently  situations arise where a  warning 
     can be cancelled prior to its issued expiration time.

     32.  We will not  add any cancellation  codes at this  time.  
     It  is  unclear   based  on  the   record  before  us   that 
     cancellation  codes  are  necessary.   Only  two  commenters 
     addressed the question we raised  in the NPRM regarding  how 
     frequently situations arise where a warning can be cancelled 
     prior to its issued expiration  time.  NCTA states that  the 
     cable   industry's   experience    is   that    cancellation 
     circumstances do  not  arise with  sufficient  frequency  to 
     justify  addition   of  cancellation   codes.75   The   Ohio 
     Emergency Management Agency (``Ohio EMA'') reports that  the 
     State of Ohio has not experienced a single situation where a 
     cancellation code was needed.76  Furthermore, SBE  indicates 
     in its  comments that  it no  longer seeks  the addition  of 
     cancellation codes for all event codes, but rather only  for 
     specific event  codes  ``where  a  clear  advantage  can  be 
     demonstrated.''77   SBE  suggests  that  cancellation  codes 
     would be  appropriate  for  the  Evacuation  Immediate,  911 
     Telephone Outage and  Shelter in Place  event codes.78   Two 
     other commenters also support  the addition of  cancellation 
     codes for  certain  specific  event  codes,  such  as  Civil 
     Emergency  Message,  Evacuation  Immediate,  911   Telephone 
     Outage and Shelter in Place.79  However, even for these  few 
     events, the commenters have  not explained why they  believe 
     cancellation codes are necessary or demonstrated that  there 
     is a greater likelihood that  the warnings for these  events 
     can be cancelled prior to the issued expiration time.

     33.  As an  alternative to  adding cancellation  codes,  one 
     commenter suggests  that EAS  alerts could  be cancelled  by 
     resending the alert with the valid time period set for  zero 
     (+0000-), which would be decoded to mean that the alert  has 
     been cancelled.80  In its  reply comments, SBE  acknowledges 
     that this suggestion may have  merit, but maintains that  it 
     can only offer tentative support for this suggestion without 
     input  from   manufacturers  as   to  its   impact  on   EAS 
     equipment.81  We  conclude  that  we  cannot  evaluate  this 
     suggestion without specific  information from  manufacturers 
     as to what effect it might have on existing EAS equipment.

     2.  Location Codes

     34.  Location codes are  six-digit numerical  codes used  in 
     the transmission of EAS messages to indicate what geographic 
     areas may be  affected by  an emergency.   These codes  have 
     three separate parts.   The ``SS'' portion  of the  location 
     code is  a two-digit  number that  identifies the  state  or 
     territory in which  the emergency is  located.  The  ``CCC'' 
     portion of the  location code is  a three-digit number  that 
     identifies the  county or  city affected  by the  emergency.  
     The ``P''  portion  of the  location  code is  optional  and 
     allows the message originator to  divide a county into  nine 
     sections to  further pinpoint  the affected  portion of  the 
     county.  The ``SS'' and  ``CCC'' numbers are unique  Federal 
     Information Processing  Standard  numbers  assigned  by  the 
     National Institute of Standards and Technology.  The  ``SS'' 
     numbers are listed in Section 11.31(f) of the Rules.82   The 
     ``CCC'' numbers are contained in the State EAS Mapbook.

       a.  Marine Area Location Codes

     35.  The NPRM sought  comment on NWS's  request that we  add 
     new location  codes to  cover marine  areas, which  are  not 
     presently  included  in  the  location  codes  specified  in 
     Section 11.31(f)  of  the  Rules.83  The  marine  areas  are 
     immediate offshore areas  likely to be  affected by  extreme 
     weather conditions and are  identified by two-digit  numbers 
     that would comprise the ``SS'' portion of the location code.  
     We included a listing of  the specific marine area  location 
     codes requested by NWS in an Appendix to the NPRM.84

     36.  We will amend Section 11.31(f) of the Rules to add  the 
     marine area  location  codes  suggested  by  NWS.   Numerous 
     commenters support adding marine area location codes to  the 
     EAS rules to ensure  the public's safety  in near shore  and 
     open waters.85   We are  persuaded  that addition  of  these 
     location codes, which will be  used with the Special  Marine 
     Warning (SMW) event code we are adopting in this Report  and 
     Order, will  enhance public  safety.  In  its comments,  SBE 
     suggests an alternative method of defining the marine  areas 
     in which  the  marine  areas  would  be  listed  as  ``water 
     counties'' and assigned  to the nearest  state or the  state 
     where the responsible NWSFO is located.86  However, we think 
     that the alternative  suggested by SBE  would be  unworkable 
     because, as NWS points out  in its reply comments,87  NWSFOs 
     change over time.   One commenter  questions whether  marine 
     weather alerts transmitted via NWS weather radio would  need 
     to be  relayed to  commercial broadcast  stations and  cable 
     systems for EAS  transmission since land  areas adjacent  to 
     bodies of water would be  covered by land weather  alerts.88  
     In addition, NCTA asserts that  the cable industry does  not 
     serve sailing vessels  that are  not in  port and  therefore 
     would have little reason  to transmit these codes.89   While 
     we  anticipate  that  the   Special  Marine  Warnings   will 
     primarily be transmitted over NWR to marine weather  radios, 
     we expect that some EAS participants which serve communities 
     adjacent to the marine areas may wish to transmit the marine 
     alerts voluntarily over EAS.   However, consistent with  the 
     approach we are adopting  for new event  codes, we will  not 
     require broadcast stations and cable systems to update their 
     existing equipment to add  the new location codes.   Rather, 
     broadcast stations  and  cable  systems  may  upgrade  their 
     existing  equipment  on  a  voluntary  basis  until  it   is 
     replaced.  All  existing and  new  models of  EAS  equipment 
     manufactured after August  1, 2003  will be  required to  be 
     capable of receiving and transmitting these location  codes.  
     In addition,  broadcast  stations and  cable  systems  which 
     replace their  EAS equipment  after  February 1,  2004  must 
     install EAS  equipment  that  is capable  of  receiving  and 
     transmitting the new location codes.
       b.  Entire Country Location Code

     37.  In the NPRM, we requested comment on whether we  should 
     add an  entire  country location  code  to be  used  by  the 
     Federal Emergency Management Agency (``FEMA'') when  issuing 
     a national level EAS message.90  NWS and SBE sought addition 
     of an 000000 location code  so that multiple alerts are  not 
     needed to activate the entire country when a national  level 
     emergency  situation  arises.   In  addition,  we  requested 
     comment on NWS's proposal that  we require EAS equipment  at 
     broadcast stations  and cable  systems, when  retransmitting 
     the  event  code  and  000000  location  code,  to   trigger 
     transmission of all county location codes stored within  the 
     equipment in order to enable activation of consumer products 
     that activate only  upon transmission of  the location  code 
     for the  county in  which they  are located.   We  expressed 
     concern that the  triggering proposal  would require  costly 
     modification of existing equipment at broadcast stations and 
     cable systems but asked whether we should permit this as  an 
     optional feature  of  EAS  equipment.   Further,  we  sought 
     comment  on  whether  there  are  a  significant  number  of 
     consumer  devices  which  rely  upon  EAS  transmissions  of 
     broadcast stations and cable systems rather than NWS weather 
     transmitters.

     38.  We will not add an entire country location code to  the 
     EAS rules at this  time.  While a  number of the  commenters 
     support the addition of  an entire country location  code,91 
     it is unclear  from the  record in this  proceeding that  an 
     entire country location code is needed.  As NAB  observes,92 
     we previously considered  this issue  and determined,  after 
     consultation with  FEMA, that  ``alerting  the nation  on  a 
     regional basis would  be much more  manageable and  reliable 
     but   would    retain   effective    and   timely    warning 
     capability.''93  We think that it would be premature to  add 
     an entire country location code without further evidence  of 
     a need for such a code.  It is also unclear from the  record 
     whether modifications  to existing  EAS equipment  would  be 
     required to implement an  entire country location code  and, 
     if so, what such modifications would cost.  The cost of  any 
     such modifications  is particularly  significant because  an 
     entire country location code would be used for national  EAS 
     alerts, which all broadcast  stations and cable systems  are 
     required to transmit.  One equipment manufacturer  indicates 
     that addition of an entire  country location code would  not 
     require  any  modification  of  its  existing  EAS  units.94  
     Another manufacturer reports that an entire country location 
     code is  not necessary  for its  EAS equipment  because  its 
     equipment reacts to any message with an EAN code, regardless 
     of the location code embedded in the message.95  However, we 
     are unable to thoroughly assess the impact that addition  of 
     this code would have on broadcast stations and cable systems 
     without  specific  information  from  manufacturers  on  all 
     models of EAS  equipment.  We  may revisit this  issue at  a 
     later date if we receive evidence that it would not  require 
     modification of any existing models of EAS equipment.

     39.  Two commenters  also  suggest subdividing  the  country 
     into nine regions  and creating  regional location  codes.96  
     However, we note  that entities which  originate EAS  alerts 
     are already able to include up to 31 state location codes in 
     EAS messages.97  In this way, a group of several states  can 
     be activated for a regional  emergency.  We think that  this 
     approach,  which  can  also  be  used  to  activate  several 
     regional groups for a  national emergency, affords  alerting 
     entities more flexibility  to tailor their  EAS messages  to 
     particular regions of the country.

       c.  Customized Location Codes

     40.  In the  NPRM, we  invited comment  on NWS's  suggestion 
     that we permit the  use of any  combination of the  standard 
     alphabet and numbers in the ``CCC'' portion of the  location 
     code.98  NWS stated that  organizations responsible for  the 
     warning communications associated with special facilities  - 
     such as  nuclear  power  plants,  chemical,  biological  and 
     nuclear weapons storage facilities, and plants that  produce 
     and store hazardous materials - are now using or  evaluating 
     the use of NWR as their primary radio communications system.  
     NWS further stated that allowing the geographic code  blocks 
     to include both numbers and letters plus the * symbol  would 
     enable these  organizations  to  create up  to  1.4  million 
     possible location code and message combinations, which could 
     provide site specific information  such as shelter in  place 
     information, evacuation routes and safe areas.

     41.  We will not amend  Part 11 of the  Rules to permit  the 
     use of  customized location  coding  in EAS  messages.   The 
     majority of commenters which addressed this issue vigorously 
     oppose  the  use  of  customized  location  coding  in   EAS 
     messages.99  Among other things, these commenters argue that 
     customized location  coding  is not  necessary  because  the 
     current EAS protocol for location codes has not been used to 
     its potential; that compatibility  problems could result  if 
     all codes  permitted  for  use  in  EAS  equipment  are  not 
     specified in  the Part  11 rules;  that customized  location 
     codes could cause  existing, non-upgraded  EAS equipment  to 
     false alert; and that a  substantial amount of memory  would 
     be  needed  to  store  customized  location  codes  in   EAS 
     equipment.  We  believe that  these concerns  are valid  and 
     therefore will not authorize the use of customized  location 
     coding in EAS messages without  assurances that it will  not 
     compromise the EAS system.

     3.  Originator Codes

     42.  We asked for comment in the NPRM on NWS's request  that 
     we revise  its  originator  code from  WXR  to  NWS.100   We 
     expressed concern,  however, that  adding the  NWS code  and 
     deleting the  WXR  code  could have  a  substantial  adverse 
     impact on the use of the  EAS for state and local  emergency 
     purposes because NWS is the originator of emergency  weather 
     information.  Therefore,  any  broadcast  station  or  cable 
     system that wishes  to participate  in state  and local  EAS 
     alerts would need to modify or upgrade its EAS equipment  to 
     handle the revised originator code. 

     43.  In its comments,  NWS states  that it  no longer  seeks 
     revision  of  its  originator  code,  conceding  that  ``the 
     minimal benefit would not justify the work necessary to make 
     the  revision.''101   In  addition,  all  but  one  of   the 
     commenters which  addressed this  issue oppose  revision  of 
     NWS's originator code.102  Accordingly,  we will not  revise 
     NWS's originator code.

     B.  EAS Equipment

       1.  Selective Displaying and Logging of EAS Messages

     44.  In the NPRM,  we sought  comment on  whether we  should 
     amend Part 11 to  permit equipment manufacturers to  include 
     an optional feature  in EAS equipment  that would allow  EAS 
     users the  capability  to  program  their  EAS  decoders  to 
     selectively display and log EAS messages that contain  state 
     and local  event codes.103   Currently,  the Part  11  rules 
     require EAS  equipment  to  display and  log  every  message 
     received.104  We  observed  that  permitting  this  optional 
     feature would promote  compatibility of  EAS equipment  with 
     NWR-SAME equipment because it would relieve EAS participants 
     that monitor NWR-SAME transmissions of the burden of logging 
     every message transmitted, even unwanted test messages.

     45.  We will amend  the Part  11 rules  to permit  broadcast 
     stations and cable systems to program their EAS equipment to 
     preselect which  EAS  messages containing  state  and  local 
     event  codes  they  wish   to  display  and  log.105    Many 
     commenters favor  some degree  of selective  displaying  and 
     logging.106  NWS states that this feature is ``critical'' to 
     improving the effectiveness of both the EAS and NWR.107   We 
     agree that permitting  selective logging  and displaying  of 
     state and local EAS messages  will greatly enhance EAS.   It 
     will relieve  EAS participants  from the  burden of  logging 
     unwanted messages, e.g.,  messages that  do not  apply to  a 
     participant's service  area  or messages  concerning  events 
     which  the  participant   has  decided   not  to   transmit.  
     Additionally, it will enable  NWS to broadcast  non-alerting 
     messages, conduct tests,  and perform system  administration 
     and control  functions  without impacting  EAS  participants 
     which monitor NWR  transmissions.  SBE  maintains that  this 
     feature should be limited to ``administrative'' event  codes 
     that are not intended to  reach the general public, such  as 
     the designated monthly practice/demonstration (DMO).108  SBE 
     fears that relaxation of the requirement to display and  log 
     all emergency events, including  events that are  designated 
     for the geographic area for which the decoder is programmed, 
     could degrade  the  system's ability  to  deliver  emergency 
     information to decoder locations  near or adjacent to  areas 
     directly impacted.   However, we  conclude that  it is  more 
     consistent with the voluntary nature of state and local  EAS 
     to allow  broadcast stations  and  cable systems  to  choose 
     which state and local EAS messages they wish to display  and 
     log.  We are confident  that EAS participants will  exercise 
     good judgement in making these choices.  Broadcast  stations 
     and cable systems may  upgrade their existing EAS  equipment 
     to include the selective  displaying and logging  capability 
     on an optional basis until  the equipment is replaced.   All 
     existing and new models of EAS equipment manufactured  after 
     August 1, 2003 must be capable of selectively displaying and 
     logging  messages  with   state  and   local  event   codes.  
     Broadcast stations and cable systems which replace their EAS 
     equipment after February 1, 2004 must install EAS  equipment 
     that is capable  of selectively displaying  and logging  EAS 
     messages with  state and  local event  codes.  We  emphasize 
     that this selective displaying  and logging feature  applies 
     only to state and local events.  EAS equipment must continue 
     to display  and  log  all  national  EAS  messages  and  all 
     required weekly and monthly tests.  

       2.  Equipment Authorization Requirements

     46.  As explained above,  we have decided  not to adopt  the 
     alternative suggestion set  forth in the  NPRM to leave  the 
     development of event codes and  location codes to state  and 
     local authorities.   However, we  will  amend the  rules  to 
     provide that any  modifications to  existing authorized  EAS 
     equipment that are necessary  to implement revisions in  EAS 
     codes or to implement  the selective displaying and  logging 
     feature for state  and local events  are Class I  permissive 
     changes that do not require a new application for and  grant 
     of equipment certification.  We believe that this  amendment 
     will provide equipment manufacturers more flexibility in the 
     design and modification of EAS equipment.

     47.  Furthermore, as discussed above,  we are amending  Part 
     11 to  require  that all  existing  and new  models  of  EAS 
     equipment manufactured after  August 1, 2003  be capable  of 
     transmitting and receiving the new event and location  codes 
     adopted  in  this  Report  and  Order.   Similarly,  we  are 
     amending Part 11 to require that all existing and new models 
     of EAS  equipment  manufactured  after  August  1,  2003  be 
     capable of selectively displaying and logging messages  with 
     state and local event codes.

C.  EAS Testing

     48.  Current Part 11  rules require  broadcast stations  and 
     cable  systems  to  retransmit  the  Required  Monthly  Test 
     (``RMT'')  within  15   minutes  of  receipt   of  the   RMT 
     message.109  In the NPRM,  we proposed to  amend Part 11  to 
     increase the time for retransmitting RMTs to 60 minutes from 
     the  time  of  receipt  of  the  RMTs.110   We   tentatively 
     concluded that a  longer relay  window for  RMTs would  ease 
     scheduling difficulties  for  all EAS  participants  without 
     negatively affecting EAS test procedures.

     49.  Commenters overwhelmingly support increasing the  relay 
     window to 60 minutes, noting that it will provide additional 
     flexibility to  insert  the  RMT message  into  the  program 
     schedule without disruption.111  Only one commenter  opposes 
     this proposal, arguing that  a 60-minute relay window  would 
     not be a  meaningful test of  the EAS because  it would  not 
     simulate a true emergency.112  We will adopt the proposal to 
     increase the time for retransmitting RMTs from 15 minutes to 
     60 minutes from the time of  receipt of the RMTs.  We  agree 
     with the majority of commenters  that a longer relay  window 
     will provide EAS  participants more  flexibility and  reduce 
     the risk  of  program  disruptions.   Moreover,  we  do  not 
     believe that  increasing  the  relay window  for  RMTs  will 
     compromise the  ability of  the EAS  to deliver  a real  EAS 
     message in a timely manner.

     50.  One commenter suggests decreasing the relay window  for 
     RMTs to five minutes ``based on the observed tendency to put 
     it off  until  it's  too late,''113  and  another  commenter 
     suggests  eliminating  the  requirement  to  relay  the  RMT 
     altogether.114  We  conclude that  it would  not be  in  the 
     public interest to decrease the  relay window for RMTs.   In 
     this  regard,   there  is   no   evidence  in   the   record 
     demonstrating that EAS participants  have a tendency to  put 
     off relaying RMTs until it is too late. Additionally, we  do 
     not think  that  the  public interest  would  be  served  by 
     eliminating the requirement to relay the RMT altogether.  As 
     SBE points out, the  RMT is the  only test EAS  participants 
     conduct to verify their ability to relay an EAN, and it  has 
     not been  shown that  the requirement  to relay  the RMT  is 
     unduly burdensome.115

     D.  Modulation Level of EAS Codes

     51.  In the NPRM, we proposed to reduce the minimum required 
     modulation level  of  EAS codes  from  80% to  50%  of  full 
     channel  modulation  limits.116   SBE  had  requested   this 
     change, asserting  that in  most  cases the  tone  insertion 
     equipment must  be  inserted  after  station  processing  to 
     attain the required modulation level and that this situation 
     is ``adverse to acceptable engineering practice.''

     52.  In its  comments, SBE  states  that shortly  after  the 
     adoption of  the Part  11 rules,  it became  clear that  the 
     composition of the EAS tones generally prohibited  achieving 
     the  prescribed  80%  modulation  requirement  in  the  vast 
     majority of broadcast installations  due to the reaction  of 
     audio processing and  modulation control equipment.117   SBE 
     recommends that  rather than  stating a  minimum  modulation 
     level of 50% as proposed in the NPRM, the Commission  should 
     require that the  modulation level  of EAS codes  be at  the 
     maximum possible level, but in  no case less than 50%.   SBE 
     maintains that this change will bring the Part 11 rules into 
     alignment with the  technical limitations  of the  equipment 
     involved.  Of  the  other  commenters  that  addressed  this 
     issue, only RadioShack Corporation (``RadioShack'')  objects 
     to reducing the modulation level of EAS codes.118  According 
     to RadioShack, reducing  the modulation level  to 50%  would 
     diminish the ability of consumers living in fringe areas  to 
     receive EAS alerts on their consumer weather radios.  In its 
     reply comments, SBE clarifies that the proposed change  will 
     not reduce  the  existing  modulation  percentage  but  will 
     simply bring the  Commission rules into  alignment with  the 
     actual modulation levels  used by  broadcasters.  Thus,  SBE 
     asserts that  the proposed  change will  not compromise  the 
     ability of existing consumer  weather radios to receive  EAS 
     alerts.

     53.  We will amend  Part 11 to  require that the  modulation 
     level of EAS codes be at the maximum possible level, but  in 
     no case less  than 50%  of full  channel modulation  limits.  
     This amendment will bring the  Part 11 rules into  alignment 
     with the actual  modulation levels  currently obtainable  by 
     broadcasters.  Because  this amendment  simply conforms  the 
     Part 11 rules with current  practice, we are satisfied  that 
     it will not reduce the ability of consumer weather radios to 
     receive EAS alerts.

     E.  Protocol for Text Transmission

     54.  In the NPRM, we invited  comment on SBE's request  that 
     we amend the Part  11 rules to  include a specific  protocol 
     for text transmission.119  According to SBE, a protocol  for 
     text  transmission  would  enable  broadcasters  and   cable 
     operators to  make greater  use  of already  formatted  text 
     messages  in  order  to   provide  more  detailed   disaster 
     information  and   updates.    SBE   suggested   that   text 
     information could be  transmitted immediately following  the 
     existing  EAS  message  format,  using  the  existing  Audio 
     Frequency Shift  Keying  (``AFSK'')  technique.   We  noted, 
     however, that we had no  information or data to support  the 
     addition of text messaging to the EAS system using the  AFSK 
     technique or any other scheme and  that we were aware of  no 
     comprehensive field tests that  have been conducted to  show 
     the viability of different text formats.  As an  alternative 
     to SBE's suggestion, we sought comment on whether we  should 
     add a  local  event  code  (TXT) that  can  be  used  as  an 
     indicator that textual information will be transmitted after 
     the End of Message code.  We observed that this  alternative 
     would allow for the testing of different textual formats and 
     could eventually lead to an industry standard.

     55.  We will  not adopt  a  specific EAS  text  transmission 
     protocol at  this time.   The  general consensus  among  the 
     commenters is  that further  study  and evaluation  of  text 
     transmission techniques and additional data on the cost  and 
     feasibility  of  adding  text  processing  to  existing  EAS 
     equipment are needed before the Commission can adopt a  text 
     transmission protocol.120  Even SBE now advocates additional 
     study of  the matter  with  the goal  of creating  a  widely 
     supported technical  standard.121   We  agree  that  further 
     study and field testing  of text transmission  methodologies 
     is needed before  a specific text  protocol can be  adopted.  
     Furthermore, we believe  that the costs  and feasibility  of 
     upgrading existing  EAS  equipment  to  add  text  messaging 
     capability must be carefully evaluated.  We note that  there 
     is presently no information in  the record on which to  base 
     such an  evaluation.   In  addition, we  share  the  concern 
     raised by  NCTA that  the adoption  of a  text protocol  may 
     require modification of the standard developed by the  cable 
     industry for digital  EAS alerts.122   Accordingly, we  will 
     not take action  on this  matter herein.   We encourage  the 
     broadcast and cable industries to work with state and  local 
     EAS authorities, the  hearing impaired  community and  other 
     interested parties to  evaluate different text  transmission 
     techniques and  develop an  industry standard  for EAS  text 
     transmission.

     56.  We also decline to add a TXT event code to be used  for 
     evaluating different  text  formats  and  text  transmission 
     techniques.  A number of commenters support addition of  the 
     TXT event code.123   However, we note  that addition of  the 
     TXT code  would  necessitate  adoption  of  a  protocol  for 
     determining when a  text transmission has  ended.  There  is 
     insufficient information in the record to permit adoption of 
     such a protocol at this time.

     F.  Carriage of Audio of Presidential Messages from  Non-EAS 
Sources

     57.  The NPRM sought  comment on SBE's  request that in  the 
     case  of  a  national  EAS  alert,  broadcast  stations   be 
     permitted to air the President's voice message from a source 
     other  than  the  EAS  source  from  which  the  alert   was 
     received.124  In support  of this request,  SBE stated  that 
     most broadcast stations are equipped with high audio quality 
     network connections, whereas  the audio received  on an  EAS 
     decoder may be of questionable quality.  SBE also  expressed 
     concern that severe video to audio synchronization  problems 
     may occur if a television  station chooses to air the  video 
     of the President  from the  station's network  feed, but  is 
     required to air the audio portion of the President's message 
     from the EAS source which provided the activation.

     58.  We will amend Part 11  to permit broadcast stations  to 
     override the EAS audio feed during a national EAS alert  and 
     substitute an  audio feed  of the  President's message  from 
     another source. Commenters point out that the quality of the 
     EAS audio feed  is far  inferior to the  high quality  audio 
     network connections available to most broadcast  stations125 
     and that it  may be difficult  or impossible for  television 
     stations to synchronize the EAS audio feed with their  video 
     feeds.126  We agree with commenters that the public interest 
     will be  served  by  amending Part  11  to  allow  broadcast 
     stations to provide the  highest quality audio available  to 
     them during a national emergency.  Because National  Primary 
     broadcast stations  will  still  be required  to  relay  all 
     national EAS messages  in accordance with  Section 11.51  of 
     the  Rules,127  this  amendment  will  not  compromise   the 
     integrity of  the  EAS  system or  prevent  those  broadcast 
     stations that do not have access to alternative audio  feeds 
     from transmitting presidential EAS messages to the public.

     59.  One commenter cautions that we must ensure that lengthy 
     delays do not result because broadcast stations are  waiting 
     for audio feeds from  alternative sources.128  We  emphasize 
     that broadcast stations  may not delay  the transmission  of 
     national EAS  messages in  order to  substitute  alternative 
     audio feeds.  Rather,  broadcast stations  must continue  to 
     transmit  all   national  EAS   messages  immediately   upon 
     receipt.129

     G.   Use  of  Common  EAS  Equipment  by  ``Key''  Broadcast 
Stations and Cable Systems

     60.  Under the Part  11 rules, broadcast  stations that  are 
     co-owned and  co-located with  a combined  studio and  cable 
     systems that  are co-owned  and co-located  with a  combined 
     control facility are permitted  to use a  common set of  EAS 
     equipment to comply with the EAS rules.130  In the NPRM,  we 
     sought comment on  a suggestion by  SBE that the  Commission 
     amend Part 11 to provide that where more than one of the co-
     owned and co-located broadcast stations or cable systems are 
     designated as ``key'' stations or systems,131 the common EAS 
     equipment must be  configured such that  the EAS message  of 
     one key station or system is either simulcast or relayed  by 
     the remaining key station(s) or system(s).132  In support of 
     this request, SBE stated that  since EAS equipment does  not 
     provide for the relay of a message originated by itself, co-
     located  key  stations   that  do   not  simulcast   program 
     originations must  originate  tests and  alerts  separately.  
     When the same  EAS message is  originated on co-located  key 
     stations  at  different   times,  two  apparently   separate 
     messages for the same event circulate through the EAS  relay 
     web, and automated,  unattended, or manned  stations set  to 
     automatic will air both messages.

     61.  We will not adopt SBE's suggestion concerning co-owned, 
     co-located key  stations  and systems.   Several  commenters 
     endorse this suggestion, asserting that there is a potential 
     for confusion when the same EAS message is originated on co-
     located key stations at different times.133  However, as  we 
     noted in  the NPRM,  we  have not  received any  reports  of 
     specific instances  of  the  problem  described  by  SBE.134  
     Further, none  of the  commenters  in this  proceeding  cite 
     specific instances where this  problem has occurred.135   In 
     addition, we have  no information as  to how many  co-owned, 
     co-located key stations and systems there currently are.  We 
     also note that one EAS equipment manufacturer indicates that 
     adoption of  SBE's  suggestion  would  necessitate  a  major 
     redesign effort with respect to its equipment and  estimates 
     that the  per  unit cost  to  modify existing  hardware  and 
     software to incorporate this  feature might exceed  $500.136 
     Given that it is unclear  from the record before us  whether 
     or to what extent  the problem described  by SBE exists,  we 
     are unwilling to require potentially costly modifications to 
     EAS equipment.   Instead, if  this  problem does  arise,  we 
     think that a better approach would be for broadcast stations 
     and cable  systems to  work with  their SECCs  and LECCs  to 
     explore less costly alternatives,  e.g., by taking steps  to 
     ensure that  two or  more co-owned,  co-located stations  or 
     systems are not designated in  state and local EAS plans  as 
     key stations or systems.

     H.  EAN Network

     62.  In the NPRM,  we proposed to  delete those portions  of 
     the Part 11 rules  that reference the now-defunct  Emergency 
     Action    Notification    (``EAN'')    network    and    its 
     participants.137  Previously, the EAN network was one of two 
     networks used to distribute national emergency messages from 
     the federal  government.138   It consisted  of  a  dedicated 
     communications service  connecting industry  networks,  wire 
     services and  common  carriers  with  government  activation 
     points.   FEMA  phased  out  the  EAN  network  in  1995  in 
     accordance with a presidential directive.139

     63.  The two  parties which  commented  on this  issue  both 
     support our proposal.140  Accordingly, we will amend Part 11 
     as proposed in the NPRM  to eliminate all references to  the 
     EAN network and its participants.

     I.  International High Frequency Stations

     64.  The NPRM  proposed to  amend Part  11 of  the Rules  to 
     eliminate the  requirement that  international HF  broadcast 
     stations purchase and  install EAS  equipment.141  The  NPRM 
     also proposed to  delete Section 11.54(b)(9)  of the  Rules, 
     which requires international HF broadcast stations to  cease 
     broadcasting immediately  upon receipt  of a  national-level 
     EAS message and remain off the air until they receive an EAS 
     message terminating  the activation.142   We noted  that  in 
     1996, after  concluding  that the  technical  and  political 
     concerns which  gave rise  to  the requirements  of  Section 
     11.54(b)(9) are no longer relevant, Commission staff granted 
     a  request  by   the  National   Association  of   Shortwave 
     Broadcasters, Inc. to exempt all FCC licensed  international 
     HF broadcast stations from  the requirement to purchase  and 
     install EAS equipment.143

     65.  Ohio EMA,  the  only  commenter  which  addressed  this 
     issue, concurs with  our proposals.144   Therefore, for  the 
     reasons set forth  in the  NPRM, we  will amend  Part 11  as 
     proposed in  the  NPRM  to eliminate  the  requirement  that 
     international HF broadcast stations purchase and install EAS 
     equipment and to delete Section 11.54(b)(9).

     J.  Waiver Requests

     66.  Several parties filed comments  seeking waivers of  the 
     EAS rules.   The  Public  Broadcasters, a  group  of  public 
     universities, public  broadcasters  and government  or  non-
     profit entities  operating noncommercial  educational  radio 
     and television  stations,  seek  permanent  waivers  of  the 
     requirement to install EAS equipment for  satellite/repeater 
     stations which rebroadcast 100% of the programming of  their 
     lead or hub station.145   The Public Broadcasters note  that 
     under the old EBS rules, the Commission permitted  licensees 
     of  broadcast  station  transmitters  located  at  different 
     geographic points but programmed from a common studio  point 
     to use only one set of EBS equipment upon a showing that one 
     set of equipment could meet  the requirements and intent  of 
     the  EBS  rules.146   The   Commission  staff  has   granted 
     permanent  waivers  of  the   requirement  to  install   EAS 
     equipment for satellite/repeater  stations that  rebroadcast 
     100% of the programming of their hub station and are located 
     in the  same local  EAS area  as the  hub station,  but  has 
     granted only temporary waivers where the  satellite/repeater 
     stations are outside  the hub station's  local EAS  area.147  
     The Public Broadcasters argue  that these temporary  waivers 
     should be made  permanent because they  can comply with  the 
     requirements and intent of  the EAS rules without  incurring 
     the additional costs and burdens of installing EAS equipment 
     at each  of  the satellite/repeater  stations.   The  Public 
     Broadcasters assert that  satellite/repeater stations  which 
     simulcast 100%  of their  hub station's  programming  comply 
     with the requirement that broadcast stations participate  in 
     national EAS alerts because national EAS alerts carried by a 
     hub  station  are   automatically  retransmitted  over   the 
     satellite/repeater stations.  They further assert that  they 
     should not be required to  install EAS equipment at each  of 
     the satellite/repeater  locations for  the sole  purpose  of 
     transmitting   state   and   local   EAS   alerts    because 
     participation in state and local EAS activities is voluntary 
     under the EAS rules.  None  of the commenters addressed  the 
     Public Broadcasters' waiver request.

     67.  We  will   amend   the   Part  11   rules   to   exempt 
     satellite/repeater stations  which rebroadcast  100% of  the 
     programming of  their hub  station from  the requirement  to 
     install EAS equipment.  Specifically,  we will consider  the 
     use of a single  set of EAS equipment  at a hub station  (or 
     common studio/control point where  there is no hub  station) 
     to satisfy  the EAS  obligations of  the  satellite/repeater 
     stations  which  rebroadcast  100%  of  the  hub   station's 
     programming.   This   exemption  will   apply  to   existing 
     satellite/repeater   stations   and    any   proposed    new 
     satellite/repeater stations.   As  the  Public  Broadcasters 
     point out, the satellite/repeater stations will comply  with 
     the requirement to transmit all national EAS alerts  because 
     all national  alerts will  be passed  through from  the  hub 
     station.   In  addition,  we  acknowledge  that  it  may  be 
     unnecessarily   burdensome   for   the   governmental    and 
     educational institutions operating these  satellite/repeater 
     stations to  incur the  substantial cost  of installing  EAS 
     equipment at each  such satellite/repeater  station for  the 
     sole purpose of being able  to transmit state and local  EAS 
     alerts, which are voluntary  under our rules.   Furthermore, 
     only a small number of  broadcast stations will be  eligible 
     for this exemption.148  We  emphasize, however, that if  any 
     of the satellite/repeater stations start originating any  of 
     their own programming, they will be required to install  EAS 
     equipment.   Finally,  we  note  that  some  models  of  EAS 
     equipment have the  capability to monitor  the assigned  EAS 
     sources for  more  than one  local  EAS area,  i.e.,  a  hub 
     station may have the capability to monitor the assigned  EAS 
     sources of some or all of its satellite stations in addition 
     to its  own  sources.   Where  this  capability  exists,  we 
     strongly encourage the hub  station to voluntarily  transmit 
     at least  the most  serious  local emergency  alerts  (e.g., 
     tornado warnings)  over  its  entire  network  of  satellite 
     stations to help  ensure widespread  dissemination of  vital 
     emergency  information   to   the  affected   community   or 
     communities.

     68.  Two commenters seek waivers  or other relief  involving 
     the use of EAS  decoders.  NCTA, Telecommunications for  the 
     Deaf,  Inc.  and  the  National  Association  for  the  Deaf 
     (jointly, ``NCTA/TDI/NAD'') seek a waiver which would  allow 
     cable systems  serving  fewer  than  5,000  subscribers  per 
     headend to comply with the EAS rules by installing a decoder 
     only, rather than both an  encoder and a decoder.149   Cable 
     systems serving fewer than 5,000 subscribers are required to 
     install  encoders  and  decoders  by  October  1,   2002.150  
     NCTA/TDI/NAD  assert  that   purchasing  equipment   without 
     encoding capability will allow for significant cost  savings 
     to these small cable systems.  NCTA/TDI/NAD acknowledge that 
     their waiver request assumes  that EAS decoders will  become 
     available.

     69.  Media Access  Project  (``MAP'') requests  a  temporary 
     blanket  waiver  of  the  requirement  that  low  power   FM 
     (``LPFM'') stations install  FCC-certified EAS decoders  or, 
     alternatively, suggests that the Commission could  authorize 
     LPFM  stations  to  install  non-FCC-certified  decoders  or 
     change  the  certification  criteria  for  EAS  decoders.151  
     Under the  EAS rules,  LPFM stations  are only  required  to 
     install certified decoders, not the combined encoder/decoder 
     units which full power stations are required to  install.152  
     MAP states that when the Commission adopted the  requirement 
     that  LPFM   stations   install   certified   decoders,   it 
     acknowledged that  certified  decoders  were  not  currently 
     available, but assumed that they would become available at a 
     cost similar  to  non-certified decoders.153   However,  MAP 
     states that certified decoders  are still not available  and 
     that such decoders are unlikely to become available  because 
     adding a memory function  in order to achieve  certification 
     would be expensive  and therefore  unobtainable for  limited 
     budget LPFM  stations.  MAP  also indicates  that  estimates 
     have placed the cost of a  certified decoder at or near  the 
     cost of a combined encoder/decoder unit.

     70.  The Commission staff issued a public notice on November 
     30, 2001 to solicit supplemental comment on the requests  of 
     NCTA/TDI/NAD  and   MAP.154   Eighteen   parties   submitted 
     comments  in  response  to   the  public  notice.155    Four 
     equipment     manufacturers,      HollyAnne      Corporation 
     (``HollyAnne''), Sage Alerting Systems, Inc. (``Sage''), TFT 
     and Vela Research, L.P. (``Vela''), address our request  for 
     specific comment on the future availability of FCC-certified 
     decoders.  These commenters confirm that there are currently 
     no FCC-certified  decoder-only units  available.   HollyAnne 
     and Sage both submit that it is unlikely that low-cost, FCC-
     certified  decoders  will  become  available.156   HollyAnne 
     states that if it produced and certified an EAS decoder,  it 
     does not anticipate  any reduction  in cost  because of  the 
     technology   it   uses   in    the   manufacture   of    its 
     encoder/decoder.157   Sage   indicates   that   the   market 
     represented  by  LPFM  stations  is  too  small  to  warrant 
     significant investment  by existing  or new  EAS vendors  of 
     certified decoders.158  TFT  states that it  has no  current 
     plans to certify  a decoder only  unit because only  minimal 
     savings would be realized from removing the encoder from its 
     certified encoder/decoder unit and still complying with  the 
     certification requirements  for decoders.159   However,  TFT 
     notes that  it  currently  manufacturers  a  low-cost,  non-
     certified decoder, the  TFT Safety 1st,  for the  commercial 
     and industrial markets not subject to Part 11  requirements.  
     The TFT  Safety  1st  is  not compliant  with  the  Part  11 
     requirements for EAS  decoders because  it does  not have  a 
     digital input and does  not have the  ability to record  and 
     store the last  ten message header  codes received.160   TFT 
     urges the Commission  to relax  the certification  standards 
     for EAS decoders because that will permit the manufacture of 
     low-cost  decoder-only  units.161   Vela,  a   manufacturing 
     partner of TFT, acknowledges that  the TFT Safety 1st  lacks 
     two of the capabilities to  make it fully certifiable  under 
     the Part 11 requirements for EAS decoders.162  However, Vela 
     states that when the TFT Safety 1st is combined with  Vela's 
     EAS controller components, Vela and TFT are able to  provide 
     a  fully  compliant  decoder-only  solution  for  the  cable 
     market.  Vela states that if the Commission authorizes small 
     cable systems to comply with  the EAS rules by installing  a 
     decoder only, it  plans to submit  this decoder-only  system 
     for certification  in  the  first  quarter  of  2002.   Vela 
     maintains that the  cost savings to  small cable systems  of 
     this  decoder-only   system   will   be   significant.    By 
     eliminating the encoder function,  Vela asserts that an  EAS 
     decoder-only system can reduce the  cost by 64% over what  a 
     cable operator would spend for an encoder/decoder unit.

     71.  After reviewing the supplemental comments, we  conclude 
     that the public interest will be served by amending the Part 
     11 rules to  permit cable systems  serving fewer than  5,000 
     subscribers to  use  an  FCC-certified decoder,  if  such  a 
     device becomes available by October  1, 2002, in lieu of  an 
     encoder/decoder unit.   If  FCC-certified decoders  are  not 
     available by the October 1, 2002 compliance deadline,  cable 
     systems serving fewer than  5,000 subscribers will  continue 
     to be required to comply with the EAS rules by installing an 
     encoder/decoder unit.   We  agree with  the  American  Cable 
     Association (``ACA'') that authorizing  the use of  decoder-
     only units will, to the extent that such decoders may become 
     available at  a  lower  price  than  encoder/decoder  units, 
     benefit the public by reducing costs for small cable systems 
     in meeting  the  October  1,  2002  compliance  deadline.163  
     Similarly,  we  agree   with  the  Wireless   Communications 
     Association International,  Inc. (``WCA'')  that  permitting 
     small wireless cable operators to use decoder-only units, to 
     the extent  that such  decoders may  become available  at  a 
     lower price  than  encoder/decoder  units,  will  serve  the 
     public interest.164  Accordingly, we will extend this policy 
     to  wireless  cable   systems  serving   fewer  than   5,000 
     subscribers as requested by WCA.

     72.  We agree  with  SBE  that  it  is  important  that  EAS 
     decoders have  the  capability  to  store  and  forward  EAS 
     messages or to automatically  pass through EAS  messages.165  
     Accordingly,   we   will   not   relax   the   certification 
     requirements for  EAS decoders.   In  order to  receive  FCC 
     certification, EAS decoders will be required to satisfy  all 
     of the  existing  requirements  for decoders  set  forth  in 
     Section 11.33 of  the Rules.166  Small  cable systems  which 
     opt to  install  decoder-only  units will  not  be  able  to 
     originate EAS  messages or  generate RWTs.   However,  these 
     small cable systems will still  be able to pass through  EAS 
     messages  and   accomplish   Required  Weekly   Testing   by 
     forwarding a received  RWT.  Thus,  we do  not believe  that 
     permitting small cable systems to install decoder-only units 
     will compromise or diminish the EAS system. 

     73.  Although ACA supports a policy of allowing small  cable 
     systems to install decoder-only units, it asserts that  such 
     a policy should  not interfere with  the financial  hardship 
     waiver  process   available  to   small  cable   systems.167  
     According to ACA, even with a decoder-only option,  hundreds 
     of small cable systems will face serious financial  hardship 
     unless case-by-case relief is granted.  We clarify that  the 
     Commission will continue to grant  waivers of the EAS  rules 
     to small  cable  systems  on a  case-by-case  basis  upon  a 
     showing of  financial  hardship.  The  waiver  request  must 
     contain   at   least   the   following   information:    (1) 
     justification  for  the  waiver,   with  reference  to   the 
     particular rule sections for which  a waiver is sought;  (2) 
     information about  the financial  status of  the  requesting 
     entity, such as a balance sheet and income statement for the 
     two previous years (audited, if possible); (3) the number of 
     other entities that serve  the requesting entity's  coverage 
     area and that have or are expected to install EAS equipment; 
     and (4) the likelihood (such  as proximity or frequency)  of 
     hazardous risks to the requesting entity's audience.168   We 
     emphasize, however,  that  any  financial  hardship  waivers 
     granted to small cable systems will not, as a general  rule, 
     be permanent waivers.  In this regard, we note that  Section 
     624(g) of  the  Communications  Act  of  1934,  as  amended, 
     requires that  cable systems  be  capable of  providing  EAS 
     alerts to their subscribers.169

     74.  With respect to LPFM stations, a number of parties that 
     filed comments in response to  the public notice urge us  to 
     temporarily or  permanently exempt  LPFM stations  from  the 
     requirement  to   install  FCC-certified   decoders  or   to 
     authorize LPFM stations to install uncertified  decoders.170  
     Among other things, these  commenters assert that  low-cost, 
     FCC-certified  decoders   have  not   become  available   as 
     anticipated by the Commission in the LPFM proceeding because 
     the number  of authorized  LPFM  stations is  currently  too 
     small to  create sufficient  demand for  the manufacture  of 
     such devices.171  By  contrast, two  LPFM applicants  assert 
     that they  have  allocated  funds  to  purchase  a  combined 
     encoder/decoder unit.172

     75.  In the LPFM proceeding,  the Commission concluded  that 
     LPFM stations should  be required to  participate in EAS  by 
     installing  EAS   decoders   only,  rather   than   combined 
     encoder/decoder units.173   We reasoned  that this  modified 
     EAS requirement would  balance the cost  of compliance,  the 
     ability of LPFM stations to meet that cost, and the needs of 
     the listening public to be alerted in emergency  situations.  
     While  we  anticipated  that  FCC-certified  decoders  would 
     become available for  under $1,000  in the  near future,  we 
     stated that if certified decoder equipment is not  available 
     when the first LPFM stations go  on the air, we can grant  a 
     temporary exemption for LPFM stations until such time as  it 
     is reasonably available.174   As of December  31, 2001,  the 
     Commission staff had  granted 174  construction permits  for 
     LPFM stations  and  a number  of  LPFM stations  have  begun 
     operating.  However, certified EAS decoders have not reached 
     the market as quickly as we expected.  Therefore, as  stated 
     in the LPFM proceeding, we will grant a temporary  exemption 
     to  LPFM  licensees  of  the  requirement  to  install  FCC-
     certified decoders.  Specifically, we will amend the Part 11 
     rules to provide  that LPFM  stations need  not install  EAS 
     decoders until one  year after the  Commission publishes  in 
     the Federal  Register a  public  notice indicating  that  at 
     least one EAS decoder has been certified.

     K.  Other Matters

     76.  In paragraph 32 of the NPRM, we stated that we did  not 
     propose to  adopt various  other changes  to the  EAS  rules 
     suggested by NWS and  SBE because they  appear to be  either 
     unnecessary  or  not   in  the  public   interest,  but   we 
     nevertheless invited interested parties to comment on  these 
     suggestions.175  Although  most of  these suggested  changes 
     did not generate  any comments, a  few commenters  addressed 
     SBE's suggestions to replace the Required Monthly Test  with 
     a Required Quarterly  Test,176 make  the two-tone  Attention 
     Signal optional,177 and add  the Evacuation Immediate  (EVI) 
     event code to the list of national event codes for which  we 
     require  immediate  retransmission.178   Notably,  SBE   now 
     recommends that these three  suggestions not be  adopted.179  
     After reviewing the  comments, we continue  to believe  that 
     these  and  the  other   suggested  changes  referenced   in 
     paragraph 32  of the  NPRM  are unnecessary  or not  in  the 
     public interest and  therefore we will  not adopt them.   We 
     note, in this regard, that the frequency of the RMT has  not 
     been shown to be a burden to EAS participants; that the two-
     tone Attention  Signal  continues  to  serve  the  important 
     purpose of  alerting the  public that  an emergency  warning 
     message is about to be issued; and that the transmission  of 
     state and  local  event codes,  such  as the  EVI  code,  is 
     entirely voluntary under the EAS rules.

     77.  NAB requests that we reexamine our policy on  selective 
     overrides in light of the changes to the EAS rules  proposed 
     in this  proceeding.180  In  1994, in  response to  concerns 
     that a  cable  system's  EAS  message  could  override  more 
     detailed emergency information provided by a local broadcast 
     station, we  authorized  voluntary  selective  overrides  by 
     modifying the EAS rules to provide that a cable system, upon 
     written agreement with a broadcast station, may elect not to 
     override the  programming of  a broadcast  station  carrying 
     news or weather related emergency information with state and 
     local EAS  messages.181  In  1998, we  denied NAB's  request 
     that we  mandate  selective overrides,  concluding  that  in 
     certain circumstances cable systems may be better suited  to 
     provide   necessary   emergency    information   to    local 
     communities.182  NAB asserts that the new event and location 
     codes adopted in  this proceeding, when  combined with  live 
     news coverage,  will  enable  local  broadcast  stations  to 
     provide more useful and in-depth emergency information  than 
     that which might be generated by a cable operator.183   NCTA 
     disagrees, arguing  that  the  adoption  of  new  event  and 
     location codes provides  no basis for  reexamination of  the 
     selective override policy.184  We  conclude that nothing  in 
     the record of this  proceeding alters our previous  decision 
     that local facts and  circumstances, not a federal  mandate, 
     should determine whether selective overrides will serve  the 
     public interest.185

     78.  NAB and several other commenters urge the Commission to 
     take steps to resolve the Quad Dimension, Inc. (``QDI'') EAS 
     patent issue  by,  for  example, seeking  a  blanket  patent 
     license  or  subsidizing  broadcasters   for  the  cost   of 
     individual patent licenses.186  QDI claims to hold a  patent 
     on the  technology  used  in EAS  equipment  and  has  asked 
     broadcasters to  sign patent  licensing agreements  and  pay 
     patent licensing fees  to QDI.  We  note, however, that  NWS 
     disputes QDI's patent  claim and  that the  U.S. Patent  and 
     Trademark Office has not yet issued a final determination on 
     the claim.  Moreover, it is  not clear from the record  what 
     steps  NAB  or  other  groups  of  broadcasters  have  taken 
     themselves to  secure  a  blanket patent  license.   In  any 
     event, this issue is beyond the scope of this proceeding.

     79.  Several commenters request that we redefine four of the 
     county subdivision codes identified by the ``P'' portion  of 
     the  six-digit  ``PSSCCC''  location  code.187   The   ``P'' 
     portion of  the location  code is  optional and  allows  the 
     message originator to divide a county into nine sections  to 
     further  pinpoint  the  affected  portion  of  the   county.  
     Currently, the county subdivisions  are defined as  follows:  
     0  = all  or  an  unspecified  portion  of  a  county;  1  = 
     Northwest; 2  =  North Central;  3  = Northeast;  4  =  West 
     Central; 5 = Central; 6 =  East Central; 7 = Southwest; 8  = 
     South Central;  and  9  = Southeast.188   According  to  the 
     commenters, this  subdivision  scheme  does  not  work  well 
     within  irregularly   shaped   counties.    The   commenters 
     therefore recommend that  we drop the  ``central'' from  the 
     North Central, West Central, East Central and South  Central 
     codes so that  each of  these codes simply  states its  root 
     compass direction.   We agree  that this  minor change  will 
     permit  a  more  orderly  and  logical  use  of  the  county 
     subdivision scheme and we will revise the rules accordingly.  
     Because we are simply revising the definitions of the codes, 
     not the actual  codes, this  revision will  not require  any 
     modification to existing equipment.

     80.  Thunder Eagle complains  that, as a  matter of  policy, 
     NWS will not encode an alert message for more than six hours 
     or reissue  an  alert  message after  the  initial  six-hour 
     period, even though  the message may  actually have a  valid 
     time period  of greater  than six  hours.189  Thunder  Eagle 
     requests that we  amend the  Part 11  rules to  specifically 
     require either (a) that the  valid time period indicate  the 
     actual duration of the alert, or (b) that the issuing agency 
     reissue the  alert  message at  the  end of  every  six-hour 
     period for  which  a previously  issued  alert is  still  in 
     effect.  We will not amend the rules as requested by Thunder 
     Eagle.  We think  that this  is a  matter best  left to  the 
     discretion of NWS and other agencies that issue EAS alerts.

     81.  SBE  requests  that  we  specifically  apply  the   EAS 
     protocol and standards  specified in  the Part  11 rules  to 
     other radio services, such  as amateur radio services  (Part 
     97) and land  mobile radio  services (Part  90), which  have 
     recently begun  to transmit  EAS and  NWR-SAME  messages.190  
     This proposal is beyond the scope of the instant  proceeding 
     and will not be considered here.

     82.  Finally, we are revising  the Part 11  rules to make  a 
     few non-substantive and editorial amendments.

                           IV.  CONCLUSION

     83.  In this Report and Order,  we revise the technical  and 
     operational requirements  for the  EAS.  In  particular,  we 
     adopt new  event codes  and  location codes  to be  used  in 
     transmitting EAS alerts to the public during state and local 
     emergencies.  Broadcast stations and  cable systems will  be 
     permitted to upgrade their existing EAS equipment to include 
     the new event and location codes on a voluntary basis  until 
     the equipment is replaced.  Thus, the rules we are  adopting 
     in this proceeding will  promote public safety by  enhancing 
     the performance  and capabilities  of EAS  without  imposing 
     additional costs or burdens on broadcast stations and  cable 
     systems that may discourage their voluntary participation in 
     state and local EAS activities.

                        V.  PROCEDURAL MATTERS

     84.  Final Regulatory Flexibility Analysis.  As required  by 
     the Regulatory  Flexibility Act,  see 5  U.S.C. §  604,  the 
     Commission  has  prepared  a  Final  Regulatory  Flexibility 
     Analysis of the  possible impact  on small  entities of  the 
     rule changes contained in this Report and Order.  The  Final 
     Regulatory Flexibility Analysis is set forth in Appendix  C.  
     The  Commission's  Consumer  Information  Bureau,  Reference 
     Information Center,  will send  a copy  of this  Report  and 
     Order, including the Final Regulatory Flexibility  Analysis, 
     to the  Chief Counsel  for Advocacy  of the  Small  Business 
     Administration.

     85.  Final Paperwork Reduction Act  of 1995 Analysis.   This 
     Report and  Order  does  not contain  any  new  or  modified 
     information collection.  Therefore, it is not subject to the 
     requirements for  a paperwork  reduction analysis,  and  the 
     Commission has not performed one.

                        VI.  ORDERING CLAUSES

     86.  According, IT IS ORDERED that pursuant to the authority 
     contained in Sections  1, 4(i) and  (o), 303(r), 624(g)  and 
     706 of the Communications Act of 1934, as amended, 47 U.S.C. 
     §§ 151, 154(i) and (o), 303(r), 554(g) and 606, that Part 11 
     of the Commission's Rules, 47 C.F.R. Part 11, IS AMENDED  as 
     set forth in Appendix B, effective 30 days after publication 
     of this Report and Order in the Federal Register.

     87.  IT IS FURTHER  ORDERED that  the Commission's  Consumer 
     Information Bureau, Reference Information Center, shall send 
     a copy  of  this  Report  and  Order,  including  the  Final 
     Regulatory Flexibility Analysis,  to the  Chief Counsel  for 
     Advocacy of the Small Business Administration in  accordance 
     with the Regulatory Flexibility Act.

     88.  IT  IS  FURTHER   ORDERED  that   this  proceeding   IS 
     TERMINATED.

     89.  For additional information  on this proceeding,  please 
     contact the  FCC Enforcement  Bureau, Technical  and  Public 
     Safety Division, at (202) 418-1160.

                         FEDERAL COMMUNICATIONS COMMISSION



                         William F. Caton
                         Acting Secretary


                              APPENDIX A

                   List of Commenting Parties

Comments:

1.   Susan M. Collins, Member, United States Senate (Collins)
2.   Connecticut Broadcasters Association Emergency 
  Communications Committee (CBA/EAS)
3.   Cox Broadcasting, Inc. (Cox)
4.   Dallas/Fort Worth Area Radio Managers (ARMS)
5.   Central Michigan University, Idaho State Board of Education 
  (Boise State University), Iowa Public Broadcasting Board, Kent 
  State University, Maine Public Broadcasting Corporation, 
  Nebraska Educational Telecommunications Commission, Nevada 
  Public Radio Corporation, Inc., Rocky Mountain Public 
  Broadcasting Network, Inc., Sistema Universitario Ana G. 
  Mendez, Inc., the Board of Supervisors of Louisiana State 
  University and Agricultural and Mechanical College, University 
  of Oklahoma, University of Wyoming, Washington State 
  University, West Central Illinois Educational 
  Telecommunications Corporation, and WSKG Public 
  Telecommunications Council (Public Broadcasters)
6.   Martin Frost, Member, United States Congress (Frost)
7.   Greater Metropolitan Washington Area Amber Plan (DC AMBER 
  Taskforce)
8.   Gene Heskett 
9.   KPVI-TV
10.  Nick Lampson, Billy Tauzin, Bill Pascrell, Jr., Martin 
  Frost, Dale Kildee, Connie Morella, Ken Bentsen, Michael 
  Capuano, John Shimkus, Mark Green, Julia Carson, Mike Ross, 
  Mark Foley, Sheila Jackson-Lee, Bud Cramer, Doug Ose, Ben 
  Gilman, Sam Farr, Sivestre Reyes, Ellen Tauscher, Melissa 
  Hart, Bob Schaffer, John Tanner, Steve Largent, Lloyd Doggett, 
  Patsy Mink, Jim Ryun, Peter Visclosky, Christopher Smith, Fred 
  Upton, Joe Barton, Ed Whitfield, Jose Serrano, Chip Pickering, 
  Donald Payne, James Greenwood, Edward Markey, Steve Rothman 
  and Diana Degette, Members, United States Congress (39 Members 
  of Congress)
11.  Multiplex One, Inc.
12.  Named State Broadcasters Associations (Named StBAs)
13.  National Association of Broadcasters (NAB)
14.  National Cable & Telecommunications Association (NCTA)
15.  National Center for Missing and Exploited Children (NCMEC)
16.  National Weather Service (NWS)
17.  Oklahoma Amber Plan Committee (OAPC)
18.  RadioShack Corporation (RadioShack)
19.  Salem Communications Corporation (Salem)
20.  Van H. Schallenberg (Schallenberg)
21.  Seven Ranges Radio Co., Inc. (Seven Ranges)
22.  Small Business in Telecommunications (SBT)
23.  Society of Broadcast Engineers, Inc. (SBE)
24.  James C. Tharp (Tharp)
25.  Thunder Eagle, Inc. (Thunder Eagle)
26.  Washington State Association of Broadcasters and Washington 
  State Emergency Communications Committee (WSAB/WA SECC)
Reply comments, late-filed comments and ex parte comments:

1.   James Gorman (Gorman)
2.   Nick Lampson, Member, United States Congress (Lampson)
3.   Arthur J. Martin (Martin)
4.   Media Access Project (MAP)
5.   NCTA
6.   National Cable Television Association, Telecommunications 
  for the Deaf, Inc. and National Association for the Deaf 
  (NCTA/TDI/NAD)
7.   Named StBAs
8.   NWS
9.   Ohio Emergency Management Agency (Ohio EMA)
10.  Range Telecommunications (Range)
11.  RadioShack
12.  SBE
13.  TFT, Inc. (TFT)
14.  Tharp
15.  Thunder Eagle


Supplemental comments submitted in response to November 30, 2001 
Public Notice:

1.   American Cable Association (ACA)
2.   Dr. Kenneth W. Bowles (Bowles)
3.   Christian Community Broadcasters (CCB)
4.   Christian Witness, Inc. (Christian Witness)
5.   HollyAnne Corporation (HollyAnne)
6.   Brad Johnson (Johnson)
7.   KURC-LP (KURC)
8.   Lexington Calvary Chapel (Lexington Calvary)
9.   Newport Musical Arts Association (Newport)
10.  Prometheus Radio Project (Prometheus)
11.  SBE
12.  Sage Alerting Systems, Inc. (Sage)
13.  Paul B. Saunders (Saunders)
14.  Joseph Steinberger (Steinberger)
15.  TFT
16.  Vela Research L.P. (Vela)
17.  Reverend Karl R. Viernstein (Viernstein)
18.  Wireless Communications Association International, Inc. 
  (WCA)



                              APPENDIX B

                            RULES CHANGES

     Part 11 of  Chapter I  of Title 47  of the  Code of  Federal 
Regulations is amended as follows:

     PART 11 - EMERGENCY ALERT SYSTEM (EAS)

     90.  The authority citation for Part 11 continues to read as 
     follows:

          Authority: 47  U.S.C.  151,  154(i)  and  (o),  303(r), 
     544(g) and 606.

     91.  Section 11.11 is amended  by revising the three  tables 
     in paragraph  (a)  and revising  paragraph  (b) to  read  as 
     follows:

     § 11.11  The Emergency Alert System (EAS)

     (a) ***


                          BROADCAST STATIONS

EAS        AM & FM   TV        FM CLASS  LPTV [FN   LPFM      CLASS A 
Require-                       D         1]         [FN4]     TV
ment
Two-tone 
encoder    Y         Y         N         N          N         Y
[FN2] 
[FN3]
EAS        Y 1/1/97  Y 1/1/97  Y 1/1/97  Y 1/1/97   Y         Y
decoder
EAS        Y 1/1/97  Y 1/1/97  N         N          N         Y
encoder
Audio      Y 1/1/97  Y 1/1/97  Y 1/1/97  Y 1/1/97   Y         Y
message
Video      N/A       Y 1/1/97  N/A       Y 1/1/97   N/A       Y
message

[FN1] LPTV stations that operate as television broadcast 
translator stations are exempt from the requirement to have EAS 
equipment.
[FN2] Effective July 1, 1995, the two-tone signal must be 8-25 
seconds. 
[FN3] Effective January 1, 1998, the two-tone signal may only be 
used to provide audio alerts to audiences before EAS emergency 
messages and the required monthly tests. 
[FN4] LPFM stations must install a decoder within one year after 
the FCC publishes in the Federal Register a public notice 
indicating that at least one decoder has been certified by the 
FCC.
        CABLE SYSTEMS

A.  Cable systems serving 
fewer than 5,000 subscribers 
from a headend must either 
provide the National level EAS 
message on all programmed 
channels--including the 
required testing--by October 
1, 2002, or comply with the 
following EAS requirements.  
All other cable systems must 
comply with B.      
B.  EAS Equipment Requirement    System 
                                size and 
                                effective 
                                  dates
                               > 10,000    >5,000 but <5,000 
                               subscrib-   < 10,000   subscrib-
                               ers         subscrib-  ers
                                           ers
Two-tone signal from storage   Y 12/31/98  Y 10/1/02  Y 10/1/02
device [FN1]
EAS decoder                    Y 12/31/98  Y 10/1/02  Y 10/1/02
EAS encoder [FN2]              Y 12/31/98  Y 10/1/02  Y 10/1/02 
Audio and Video EAS Message on Y 12/31/98  Y 10/1/02  N
all channels
Video interrupt and audio      N           N          Y 10/1/02
alert message on all 
channels;[FN3] Audio and Video 
EAS message on at least one 
channel
     
[FN1] Two-tone signal is only used to provide an audio alert to 
audience before EAS emergency messages and required monthly test.  
The two-tone signal must be 8-25 seconds in duration. 
     [FN2] Cable systems serving <5,000 subscribers are permitted 
to operate without an EAS encoder if they install an FCC-
certified decoder.
[FN3] The Video interrupt must cause all channels that carry 
programming to flash for the duration of the EAS emergency 
message.  The audio alert must give the channel where the EAS 
messages are carried and be repeated for the duration of the EAS 
message.
NOTE:  Programmed channels do not include channels used for the 
transmission of data such as interactive games.


 WIRELESS CABLE 
    SYSTEMS 
 (MDS/MMDS/ITFS 
   STATIONS)

A.  Wireless 
cable systems 
serving fewer 
than 5,000 
subscribers from 
a single 
transmission 
site must either 
provide the 
National level 
EAS message on 
all programmed 
channels¾includ-
ing the required 
testing--by 
October 1, 2002, 
or comply with 
the following 
EAS 
requirements.  
All other 
wireless cable 
systems must 
comply with B.  
B.  EAS              System size and 
Equipment            effective dates
Requirement
                  > 5,000 subscribers    < 5,000 subscribers
EAS decoder       Y  10/1/02             Y 10/1/02 
EAS encoder       Y 10/1/02              Y 10/1/02 
[FN1] [FN2]
Audio and Video   Y 10/1/02              N
EAS Message on 
all channels
Video interrupt   N                      Y 10/1/02
and audio alert 
message on all 
channels;[FN3] 
Audio and Video 
EAS message on 
at least one 
channel

[FN1] Two-tone signal is only used to provide an audio alert to 
audience before EAS emergency messages and required monthly test. 
The two-tone signal must be 8-25 seconds in duration. 
[FN2] Wireless cable systems serving <5,000 subscribers are 
permitted to operate without an EAS encoder if they install an 
FCC-certified decoder.
[FN 3] The Video interrupt must cause all channels that carry 
programming to flash for the duration of the EAS emergency 
message.  The audio alert must give the channel where the EAS 
messages are carried and be repeated for the duration of the EAS 
message.
NOTE:  Programmed channels do not include channels used for the 
transmission of data services such as Internet.

     (b)  Class D non-commercial educational FM stations as 
defined in § 73.506, LPFM stations as defined in §§ 73.811 and 
73.853, and LPTV stations as defined in § 74.701(f) are not 
required to comply with § 11.32.  LPTV stations that operate as 
television broadcast translator stations, as defined in § 
74.701(b) of this chapter, are not required to comply with the 
requirements of this part.  FM broadcast booster stations as 
defined in § 74.1201(f) of this chapter and FM translator 
stations as defined in § 74.1201(a) of this chapter which 
entirely rebroadcast the programming of other local FM broadcast 
stations are not required to comply with the requirements of this 
part.  International broadcast stations as defined in § 73.701 of 
this chapter are not required to comply with the requirements of 
this part.  Broadcast stations that operate as satellites or 
repeaters of a hub station (or common studio or control point if 
there is no hub station) and rebroadcast 100% of the programming 
of the hub station (or common studio or control point) may 
satisfy the requirements of this part through the use of a single 
set of EAS equipment at the hub station (or common studio or 
control point) which complies with §§ 11.32 and 11.33 of this 
part.  

* * * * *
     92.  Section 11.14 is  amended by revising  the heading  and 
     text to read as follows:

§ 11.14 Primary Entry Point (PEP) System.  

     The PEP system is a nationwide network of broadcast stations 
and other entities connected  with government activation  points.  
It is  used to  distribute the  EAN, EAT  and EAS  national  test 
messages, and other EAS messages.

     93.  Section 11.16 is amended  by revising the  introductory 
     text to read as follows:

§ 11.16 National Control Point Procedures.

     The  National   Control   Point   Procedures   are   written 
instructions issued  by the  FCC to  national level  EAS  control 
points.  The procedures are divided into sections as follows:

* * * * *

     94.  Section 11.31 is  amended by  revising paragraphs  (c), 
     (d), (e) and (f) as follows:

     § 11.31 EAS  Protocol

     * * * * *

     (c)  The EAS protocol, including any codes, must not be 
amended, extended or abridged without FCC authorization.  The EAS 
protocol and message format are specified in the following 
representation. Examples are provided in FCC Public Notices.
________________________________________________________________-
_______

     [PREAMBLE]ZCZC-ORG-EEE-PSSCCC+TTTT-JJJHHMM-LLLLLLLL-
     (one second pause) 
     [PREAMBLE]ZCZC-ORG-EEE-PSSCCC+TTTT-JJJHHMM-LLLLLLLL-
     (one second pause) 
     [PREAMBLE]ZCZC-ORG-EEE-PSSCCC+TTTT-JJJHHMM-LLLLLLLL-
     (at least a one second pause)
     (transmission of 8 to 25 seconds of Attention Signal)
     (transmission of audio, video or text messages)
     (at least a one second pause)
     [PREAMBLE]NNNN 
     (one second pause) 
     [PREAMBLE]NNNN 
     (one second pause) 
     [PREAMBLE]NNNN 
     (at least one second pause)
________________________________________________________________-
_______

[PREAMBLE]   This is a consecutive string of bits (sixteen bytes 
of AB hexadecimal [8 bit byte 10101011]) sent to clear the 
system, set AGC and set asynchronous decoder clocking cycles.  
The preamble must be transmitted before each header and End Of 
Message code.
ZCZC- This is the identifier, sent as ASCII characters ZCZC to 
indicate the start of ASCII code.
ORG- This is the Originator code and indicates who originally 
initiated the activation of the EAS.  These codes are specified 
in paragraph (d) of this section.  
EEE- This is the Event code and indicates the nature of the EAS 
activation.  The codes are specified in paragraph (e) of this 
section.  The Event codes must be compatible with the codes used 
by the NWS Weather Radio Specific Area Message Encoder (WRSAME). 
PSSCCC- This is the Location code and indicates the geographic 
area affected by the EAS alert.  There may be 31 Location codes 
in an EAS alert.  The Location code uses the Federal Information 
Processing Standard (FIPS) numbers as described by the U.S. 
Department of Commerce in National Institute of Standards and 
Technology publication FIPS PUB 6-4.  Each state is assigned an 
SS number as specified in paragraph (f) of this section.  Each 
county and some cities are assigned a CCC number.  A CCC number 
of 000 refers to an entire State or Territory.  P defines county 
subdivisions as follows: 0 = all or an unspecified portion of a 
county, 1 = Northwest, 2 = North, 3 = Northeast, 4 = West, 5 = 
Central, 6 = East, 7 = Southwest, 8 = South, 9 = Southeast.  
Other numbers may be designated later for special applications.  
The use of county subdivisions will probably be rare and 
generally for oddly shaped or unusually large counties.  Any 
subdivisions must be defined and agreed to by the local officials 
prior to use.
+TTTT- This indicates the valid time period of a message in 15 
minute segments up to one hour and then in 30 minute segments 
beyond one hour; i.e., +0015, +0030, +0045, +0100, +0430 and 
+0600.
JJJHHMM- This is the day in Julian Calendar days (JJJ) of the 
year and the time in hours and minutes (HHMM) when the message 
was initially released by the originator using 24 hour Universal 
Coordinated Time (UTC).  
LLLLLLLL- This is the identification of the broadcast station, 
cable system, MDS/MMDS/ITFS station, NWS office, etc., 
transmitting or retransmitting the message. These codes will be 
automatically affixed to all outgoing messages by the EAS 
encoder.
NNNN- This is the End of Message (EOM) code sent as a string of 
four ASCII N characters.  

     (d)  The only originator codes are:

Originator                    ORG Code 

Broadcast station or cable system  EAS
Civil authorities                  CIV
National Weather Service      WXR
Primary Entry Point System         PEP

     (e)  The following Event (EEE) codes are presently 
authorized: 

Nature of Activation               Event Codes         
National Codes (Required):
Emergency Action Notification      EAN       
 (National only)                             
Emergency Action Termination       EAT       
 (National only)                   
National Information Center        NIC       
National Periodic Test             NPT       
Required Monthly Test              RMT       
Required Weekly Test               RWT       

State and Local Codes (Optional):                 
Administrative Message             ADR
Avalanche Warning             AVW1
Avalanche Watch               AVA1
Blizzard Warning              BZW
Child Abduction Emergency          CAE1
Civil Danger Warning               CDW1
Civil Emergency Message       CEM
Coastal Flood Warning              CFW1
Coastal Flood Watch           CFA1
Dust Storm Warning            DSW1
Earthquake Warning            EQW1
Evacuation Immediate               EVI 
Fire Warning                  FRW1
Flash Flood Warning           FFW 
Flash Flood Watch             FFA 
Flash Flood Statement              FFS
Flood Warning                 FLW 
Flood Watch                   FLA
Flood Statement               FLS
Hazardous Materials Warning        HMW1
High Wind Warning             HWW 
High Wind Watch               HWA 
Hurricane Warning             HUW 
Hurricane Watch               HUA 
Hurricane Statement           HLS
Law Enforcement Warning       LEW1
Local Area Emergency               LAE1
Network Message Notification       NMN1
911 Telephone Outage Emergency     TOE1
Nuclear Power Plant Warning        NUW1
Practice/Demo Warning              DMO
Radiological Hazard Warning        RHW1
Severe Thunderstorm Warning        SVR       
Severe Thunderstorm Watch          SVA       
Severe Weather Statement      SVS
Shelter in Place Warning      SPW1
Special Marine Warning        SMW1
Special Weather Statement          SPS       
Tornado Warning               TOR       
Tornado Watch                 TOA
Tropical Storm Warning        TRW1
Tropical Storm Watch               TRA1      
Tsunami Warning               TSW       
Tsunami Watch                 TSA
Volcano Warning               VOW1
Winter Storm Warning               WSW       
Winter Storm Watch            WSA  
          
1Effective [INSERT DATE 30 DAYS AFTER PUBLICATION IN THE FEDERAL 
REGISTER], broadcast stations, cable systems and wireless cable 
systems may upgrade their existing EAS equipment to add these 
event codes on a voluntary basis until the equipment is replaced.  
All models of EAS equipment manufactured after August 1, 2003 
must be capable of receiving and transmitting these event codes.  
Broadcast stations, cable systems and wireless cable systems 
which replace their EAS equipment after February 1, 2004 must 
install equipment that is capable of receiving and transmitting 
these event codes.

     (f)  The State, Territory and Offshore (Marine Area) FIPS 
number codes (SS) are as follows.  County FIPS numbers (CCC) are 
contained in the State EAS Mapbook.

State     FIPS#     
AL        01   
AK        02   
AZ        04   
AR        05   
CA        06   
CO        08   
CT        09   
DE        10
DC   11   
FL        12   
GA        13   
HI   15
ID   16
IL   17
IN   18
IA   19
KS   20
KY   21
LA   22
ME   23
MD   24
MA   25
MI   26
MN   27
MS   28
MO   29
MT   30
NE   31
NV   32
NH   33
NH   33
NJ   34
NM   35
NY   36
NC   37
ND   38
OH   39
OK   40
OR   41
PA   42
RI   44
SC   45
SD   46
TN   47
TX   48
UT   49
VT   50
VA   51
WA   53
WV   54
WI   55
WY   56

Terr.     FIPS#     
AS        60   
FM   64 
GU   66
MH   68 
MH   68 
PR        72   
PW   70   
UM   74   
VI   78
Offshore (Marine Areas)1                          FIPS#
Eastern North Pacific Ocean, and along U.S. West Coast           
     57
from Canadian border to Mexican border
North Pacific Ocean near Alaska, and along Alaska coastline,     
     58
including the Bering Sea and the Gulf of Alaska
Central Pacific Ocean, including Hawaiian waters            59   
South Central Pacific Ocean, including American Samoa waters     
61
Western Pacific Ocean, including Mariana Island waters           
65
Western North Atlantic Ocean, and along U.S. East Coast,         
     73
from Canadian border south to Currituck Beach Light, N.C.
Western North Atlantic Ocean, and along U.S. East Coast,         
     75
south of  Currituck Beach  Light, N.C.,  following the  coastline 
     into
Gulf of Mexico to Bonita Beach, FL., including the Caribbean
Gulf of Mexico, and along the U.S. Gulf Coast from the Mexican   
     77
border to Bonita Beach, FL.
Lake Superior                                     91
Lake Michigan                                     92
Lake Huron                                        93
Lake St. Clair                                    94
Lake Erie                                    96
Lake Ontario                                      97
St. Lawrence River above St. Regis                     98

1Effective [INSERT DATE 30 DAYS AFTER PUBLICATION IN THE FEDERAL 
REGISTER], broadcast stations, cable systems and wireless cable 
systems may upgrade their existing EAS equipment to add these 
marine area location codes on a voluntary basis until the 
equipment is replaced.  All models of EAS equipment manufactured 
after August 1, 2003 must be capable of receiving and 
transmitting these marine area location codes.  Broadcast 
stations, cable systems and wireless cable systems which replace 
their EAS equipment after February 1, 2004 must install equipment 
that is capable of receiving and transmitting these location 
codes.

     95.  Section  11.33  is   amended  by  revising   paragraphs 
     (a)(3)(ii) and (a)(4) to read as follows:

     § 11.33 EAS Decoder

     (a) * * * 
     (3) ***
     (ii)  Store at least ten preselected event and originator 
header codes, in addition to the seven mandatory event/originator 
codes for tests and national activations, and store any 
preselected location codes for comparison with incoming header 
codes.  A non-preselected header code that is manually 
transmitted must be stored for comparison with later incoming 
header codes.  The header codes of the last ten received valid 
messages which still have valid time periods must be stored for 
comparison with the incoming valid header codes for later 
messages.  These last received header codes will be deleted from 
storage as their valid time periods expire.
     (4)  Display and logging.  A visual message shall be 
       developed from any valid header codes for tests and 
       national activations and any preselected header codes 
       received.  The message shall include the Originator, 
       Event, Location, the valid time period of the message and 
       the local time the message was transmitted.  The message 
       shall be in the primary language of the broadcast station 
       or cable system and be fully displayed on the decoder and 
       readable in normal light and darkness.  All existing and 
       new models of EAS decoders manufactured after August 1, 
       2003 must provide a means to permit the selective display 
       and logging of EAS messages containing header codes for 
       state and local EAS events.  Effective [INSERT DATE 30 
       DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER], 
       broadcast stations, cable systems and wireless cable 
       systems may upgrade their decoders on an optional basis 
       to include a selective display and logging capability for 
       EAS messages containing header codes for state and local 
       events.  Broadcast stations, cable systems and wireless 
       cable systems which replace their decoders after February 
       1, 2004 must install decoders that provide a means to 
       permit the selective display and logging of EAS messages 
       containing header codes for state and local EAS events.

* * * * *

     96.  Section 11.34 is amended  by adding new paragraphs  (f) 
     and (g) to read as follows:

     § 11.34 Acceptability of the equipment.

     * * * * * 
       (f)  Modifications to  existing authorized  EAS  decoders, 
encoders or combined  units necessary  to implement  the new  EAS 
codes specified  in  §  11.31  and  to  implement  the  selective 
displaying and logging feature specified in § 11.33(a)(4) will be 
considered Class I permissive changes  that do not require a  new 
application for and grant  of equipment certification under  Part 
2, Subpart J of this chapter.  
       (g) All existing and new models of EAS encoders,  decoders 
and combined  units manufactured  after August  1, 2003  must  be 
capable of generating and detecting  the new EAS codes  specified 
in § 11.31 in order  to be certified under  Part 2, Subpart J  of 
this chapter.  All existing  and new models  of EAS decoders  and 
combined units manufactured  after August 1,  2003 must have  the 
selective  displaying  and  logging  capability  specified  in  § 
11.33(a)(4) in order to be certified  under Part 2, Subpart J  of 
this chapter.  

     97.  Section 11.42 is amended by revising the first sentence 
     of paragraph (c) to read as follows:

§ 11.42 Participation by communications common carriers.

* * * * *

     (c) During a National level EAS Test, common carriers which 
have facilities in place may, without charge, connect an 
originating source from the nearest exchange to a selected Test 
Center and then to any participating radio networks, television 
networks and cable networks and program suppliers.  * * *

* * * * *

     98.  Section 11.43 is revised to read as follows:

§ 11.43 National level participation.
     
     Entities  that  wish  to  voluntarily  participate  in   the 
national level EAS  may submit  a written request  to the  Chief, 
Technical and Public Safety Division, Enforcement Bureau.
     99.  Section 11.51 is  amended by  revising paragraphs  (f), 
     (k)(2) and (l) to read as follows:

     §  11.51  EAS   Code  and   Attention  Signal   Transmission 
requirements.

     * * * * *

     (f) Broadcast station equipment generating the EAS codes and 
the Attention Signal shall modulate a broadcast station 
transmitter so that the signal broadcast to other broadcast 
stations and cable systems and wireless cable systems alerts them 
that the EAS is being activated or tested at the National, State 
or Local Area level.  The minimum level of modulation for EAS 
codes, measured at peak modulation levels using the internal 
calibration output required in § 11.32(a)(4) of this part, shall 
modulate the transmitter at the maximum possible level, but in no 
case less than 50% of full channel modulation limits.  Measured 
at peak modulation levels, each of the Attention Signal tones 
shall be calibrated separately to modulate the transmitter at no 
less than 40%.  These two calibrated modulation levels shall have 
values that are within 1 dB of each other.

     * * * * *

       (k) * * *
       (2) Manual  interrupt of programming  and transmission  of 
EAS messages may be used.  EAS  messages with the EAN Event  code 
must be  transmitted immediately  and Monthly  EAS test  messages 
within 60 minutes.  All  actions must be  logged and include  the 
minimum information required for EAS video messages. 

       (l)   Broadcast stations  and cable  systems and  wireless 
cable systems may employ a  minimum delay feature, not to  exceed 
15 minutes, for  automatic interruption of  EAS codes.   However, 
this may not be used for the EAN event which must be  transmitted 
immediately.  The delay time for an RMT message may not exceed 60 
minutes.

     * * * * *

     100.      Section 11.52  is  amended by  revising  paragraph 
     (e)(2) to read as follows:

     §  11.52   EAS   Code  and   Attention   Signal   Monitoring 
requirements.

     * * * * *

       (e) * * *
     (2) Manual interrupt of programming and transmission of  EAS 
messages may be used.  EAS messages with the EAN Event code  must 
be transmitted immediately and  Monthly EAS test messages  within 
60 minutes.  All actions must  be logged and recorded.   Decoders 
must be programmed  for the EAN  and EAT Event  header codes  for 
National level emergencies and the RMT and RWT Event header codes 
for required  monthly  and  weekly tests,  with  the  appropriate 
accompanying State and State/county location codes.
     101.      Section 11.53  is amended  by revising  paragraphs 
     (a) and (c) to read as follows:

§ 11.53 Dissemination of Emergency Action Notification.

* * * * *

     (a) National Level.  The EAN is issued by the White House.  
The EAN message is sent from a government origination point to 
broadcast stations and other entities participating in the PEP 
system.  It is then disseminated via:
     (1) Radio and television broadcast stations.
     (2) Cable systems and wireless cable systems.
     (3) Other entities voluntarily participating in EAS.

* * * * *
     
     (c) Broadcast  stations must,  prior to  commencing  routine 
operation  or  originating  any  emissions  under  program  test, 
equipment test, experimental, or other authorizations,  determine 
whether the EAS has been activated by monitoring the assigned EAS 
sources.

     102.      Section 11.54 is amended by revising paragraph (b) 
     and adding a new paragraph (e) to read as follows:

       § 11.54 EAS operation during a National Level emergency.

     * * * * *
       (b)   Immediately   upon  receipt  of   an  EAN   message, 
broadcast stations and cable  systems and wireless cable  systems 
must:
     (1) Monitor the  two EAS  sources assigned in  the State  or 
Local Area plan or FCC Mapbook for any further instructions.
     (2)  Discontinue   normal   programming   and   follow   the 
transmission procedures  in the  appropriate section  of the  EAS 
Operating Handbook.   Announcements  may  be  made  in  the  same 
language as the primary language of the station.
     (i) Key EAS  sources (National Primary  (NP), Local  Primary 
(LP), State  Primary (SP),  State  Relay (SR)  and  Participating 
National (PN)  sources) follow  the transmission  procedures  and 
make the announcements in the National Level Instructions of  the 
EAS Operating Handbook.
     (ii) Non?participating  National  (NN)  sources  follow  the 
transmission procedures and make the sign-off announcement in the 
EAS Operating Handbook's National Level Instructions section  for 
NN sources.   After the  sign-off  announcement, NN  sources  are 
required to remove their  carriers from the  air and monitor  for 
the Emergency  Action  Termination  message.   NN  sources  using 
automatic interrupt  under  §  11.51(k)(1)  of  this  part,  must 
transmit   the   header   codes,   Attention   Signal,   sign-off 
announcement and  EOM code  after receiving  the appropriate  EAS 
header codes for a national emergency.
     (3) After completing the above transmission procedures,  key 
EAS and  Participating National  sources must  transmit a  common 
emergency  message  until   receipt  of   the  Emergency   Action 
Termination Message.  Message priorities are specified in § 11.44 
of this part.  If LP or SR sources of a Local Area cannot provide 
an emergency message feed, any source in the Local Area may elect 
to provide a message feed.  This  should be done in an  organized 
manner as designated in State and Local Area EAS Plans.
     (4)  The  Standby  Script  shall  be  used  until  emergency 
messages are available.  The text of the Standby Script is in the 
EAS Operating Handbook's section for Participating sources.
     (5) TV broadcast stations  shall display an appropriate  EAS 
slide and  then  transmit  all  EAS  announcements  visually  and 
aurally as specified in § 73.1250(h) of this chapter.
     (6) Cable systems and wireless cable systems shall  transmit 
all EAS  announcements visually  and aurally  as specified  in  § 
11.51(g) and (h) of this part.
     (7) Announcements may be  made in the  same language as  the 
primary language of the station.
     (8) Broadcast stations may  transmit their call letters  and 
cable systems and wireless cable  systems may transmit the  names 
of the communities  they serve during  an EAS activation.   State 
and Local Area identifications must be given as provided in State 
and Local Area EAS plans.
     (9) All broadcast  stations and cable  systems and  wireless 
cable systems  operating and  identified  with a  particular  EAS 
Local Area  must transmit  a  common national  emergency  message 
until receipt of the Emergency Action Termination.
     (10) Broadcast stations,  except those holding  an EAS  Non-
participating National  Authorization  letter,  are  exempt  from 
complying with § 73.62 and  § 73.1560 of this chapter  (operating 
power maintenance) while operating under this part.
     (11) National Primary  (NP) sources must  operate under  the 
procedures in the National Control Point Procedures.
     (12) The time  of receipt  of the EAN  and Emergency  Action 
Termination messages shall  be entered by  broadcast stations  in 
their logs  (as specified  in §  73.1820 and  § 73.1840  of  this 
chapter), by cable systems  in their records  (as specified in  § 
76.305 of this chapter), and by subject wireless cable systems in 
their records (as specified in § 21.304 of this chapter).

* * * * *
       (e)   During a  national  level EAS  emergency,  broadcast 
stations may transmit in lieu of the EAS audio feed an audio feed 
of the President's voice message from an alternative source, such 
as a broadcast network audio feed.  

     103.      Section 11.55  is amended  by revising  paragraphs 
     (c)(4) and (c)(7) to read as follows:

§ 11.55 EAS operation during a State or Local Area emergency.

* * * * *

     (c) * * *
     (4)  Broadcast stations,  cable systems  and wireless  cable 
systems participating  in  the  State  or  Local  Area  EAS  must 
discontinue normal programming and  follow the procedures in  the 
State and Local Area plans.  Television stations must comply with 
§ 11.54(b)(5) and cable systems  and wireless cable systems  must 
comply with § 11.54(b)(6).  Broadcast stations providing  foreign 
language programming  shall comply  with  § 11.54(b)(7)  of  this 
part.

* * * * *

     (7)  The times of the above  EAS actions must be entered  in 
the broadcast  station, cable  system  or wireless  cable  system 
records as specified in § 11.54(b)(12) of this part.  

* * * * *
     104.      Section 11.61 is revised to read as follows:

§ 11.61 Tests of EAS procedures.

     (a)  Tests shall be made  at regular intervals as  indicated 
below.   Additional  tests   may  be   performed  anytime.    EAS 
activations and  special  tests  may  be  performed  in  lieu  of 
required tests as specified in paragraph (a)(4) of this  section.  
All tests will conform with  the procedures in the EAS  Operating 
Handbook.
     (1)  Required  Monthly  Tests  of  the  EAS  header   codes, 
Attention Signal, Test Script and EOM code.  
     (i) Effective January 1, 1997, AM, FM and TV stations.
     (ii) Effective  October 1,  2002, cable  systems with  fewer 
than 5,000 subscribers per headend.
     (iii) Effective December 31, 1998, cable systems with 10,000 
or more subscribers; and effective October 1, 2002, cable systems 
serving 5,000  or  more, but  less  than 10,000  subscribers  per 
headend.
     (iv) Effective October 1, 2002, all wireless cable systems.
     (v) Tests in  odd numbered months  shall occur between  8:30 
a.m. and local sunset.  Tests in even numbered months shall occur 
between local  sunset and  8:30 a.m.   They will  originate  from 
Local or State Primary sources.  The time and script content will 
be developed  by  State Emergency  Communications  Committees  in 
cooperation with  affected  broadcast  stations,  cable  systems, 
wireless cable systems, and  other participants.  Script  content 
may be in the primary language of the broadcast station or  cable 
system.  These  monthly  tests  must  be  transmitted  within  60 
minutes of receipt  by broadcast stations  and cable systems  and 
wireless cable systems in  an EAS Local Area  or State.  Class  D 
non-commercial educational FM and  LPTV stations are required  to 
transmit only the test script.
     (2) Required Weekly Tests: 
     (i) EAS Header Codes and EOM Codes:
     (A) Effective January 1, 1997,  AM, FM and TV stations  must 
conduct tests of  the EAS header  and EOM codes  at least once  a 
week at random days and times.
     (B)  Effective December 31, 1998, cable systems with  10,000 
or more subscribers  per headend  must conduct tests  of the  EAS 
header and EOM  codes at  least once a  week at  random days  and 
times on all programmed channels: 
     (C)  Effective October 1, 2002, cable systems serving  fewer 
than 5,000 subscribers per headend  must conduct tests of the EAS 
header and EOM  codes at  least once a  week at  random days  and 
times on at least one programmed channel.
     (D)  Effective October 1, 2002, the following cable  systems 
and  wireless cable systems must conduct tests of the EAS  header 
and EOM codes at least  once a week at  random days and times  on 
all programmed channels: 
     (1)  Cable  systems serving  5,000 or  more, but  less  than 
10,000 subscribers per headend; and, 
     (2)  Wireless cable systems with 5,000 or more subscribers.
     (E) Effective October 1,  2002, the following cable  systems 
and  wireless cable systems must conduct tests of the EAS  header 
and EOM codes at least once a week at random days and times on at 
least one programmed channel:
     (1)  Cable  systems with  fewer than  5,000 subscribers  per 
headend; and,
     (2)   Wireless   cable  systems   with  fewer   than   5,000 
subscribers.
     (ii) Class D non-commercial educational FM and LPTV stations 
are not required to transmit this test but must log receipt.  
     (iii) The EAS weekly  test is not  required during the  week 
that a monthly test is conducted. 
     (iv)  TV  stations, cable  television systems  and  wireless 
cable systems are not required  to transmit a video message  when 
transmitting the required weekly test.
     (3) Periodic National Tests.  National Primary (NP)  sources 
shall participate in tests as appropriate.  The FCC may request a 
report of these tests.
     (4) EAS  activations  and special  tests.   The EAS  may  be 
activated for emergencies or special tests at the State or  Local 
Area level by a broadcast station, cable system or wireless cable 
system instead of the  monthly or weekly  tests required by  this 
section.  To  substitute  for  a monthly  test,  activation  must 
include transmission of the  EAS header codes, Attention  Signal, 
emergency message and EOM code and comply with the visual message 
requirements in § 11.51.   To substitute for  the weekly test  of 
the EAS header codes  and EOM codes in  paragraph (2)(i) of  this 
section, activation must include  transmission of the EAS  header 
and EOM codes. Television stations and cable systems and wireless 
cable systems  shall comply  with the  aural and  visual  message 
requirements in § 11.51 of this  part.  Special EAS tests at  the 
State and  Local Area  levels  may be  conducted on  daily  basis 
following procedures in State and Local Area EAS plans.
     (b)  Entries shall  be made in  broadcast station and  cable 
system and  wireless  cable  system records  as  specified  in  § 
11.54(b)(12) of this part.

     105.      Section 11.62 is removed.
                           APPENDIX C

                FINAL REGULATORY FLEXIBILITY ANALYSIS

     As required by  the Regulatory Flexibility  Act of 1980,  as 
amended (``RFA''),191 an Initial Regulatory Flexibility  Analysis 
(``IRFA'')  was  incorporated   into  the   Notice  of   Proposed 
Rulemaking (``NPRM'') in EB Docket No. 01-66.192  The  Commission 
sought written  public comments  on the  proposals in  the  NPRM, 
including comments on the IRFA.  No comments were filed in direct 
response to the IRFA.  This Final Regulatory Flexibility Analysis 
(``FRFA'') conforms to the RFA.

     A.  Need for, and Objectives of, the Report and Order

     This Report and Order  amends the technical and  operational 
requirements for the Emergency  Alert System (``EAS'').  Many  of 
the amendments adopted in this  Report and Order are intended  to 
enhance the capabilities and performance of the EAS during  state 
and local  emergencies, which  will  promote public  safety.   In 
addition, the  Report and  Order  amends the  EAS rules  to  make 
compliance  with  the  EAS   requirements  less  burdensome   for 
broadcast stations,  cable systems  and wireless  cable  systems.  
This Report and Order also eliminates rules which are obsolete or 
no longer needed.

     B.  Summary of Significant Issues Raised by Public  Comments 
in Response to the IRFA

     No comments were filed in direct response to the IRFA.   The 
Commission, however, has considered  the potential impact of  the 
rules proposed in the NPRM on small entities and has reduced  the 
compliance burden  for broadcast  stations and  cable systems  as 
discussed in paragraphs 48-53 and 66-75 of this Report and Order.

     C.  Description and Estimate of the Number of Small Entities 
to Which the Rules Will Apply

     The RFA directs  agencies to provide  a description of  and, 
where feasible, an estimate of the number of small entities  that 
may  be  affected  by  the  rules  adopted  herein.193   The  RFA 
generally defines the  term ``small entity''  as having the  same 
meaning as the terms ``small business,'' ``small  organization,'' 
and ``small  governmental  jurisdiction.''194  In  addition,  the 
term ``small business'' has the same meaning as the term  ``small 
business concern''  under the  Small  Business Act.195   A  small 
business concern is  one which:  (1) is  independently owned  and 
operated; (2) is not dominant in its field of operation; and  (3) 
satisfies  any  additional  criteria  established  by  the  Small 
Business Administration  (``SBA'').196  A  small organization  is 
generally ``any not-for-profit enterprise which is  independently 
owned and  operated  and  is  not  dominant  in  its  field.''197  
Nationwide, as of  1992, there were  approximately 275,801  small 
organizations.198    ``Small    governmental    jurisdiction''199 
generally  means  ``governments   of  cities,  counties,   towns, 
townships, villages, school districts, or special districts, with 
a population of less  than 50,000.''200  As  of 1992, there  were 
approximately 85,006 such jurisdictions in the United  States.201  
This number  includes  38,978  counties, cities,  and  towns;  of 
these, 37,566,  or 96  percent, have  populations of  fewer  than 
50,000.202  The  Census  Bureau  estimates  that  this  ratio  is 
approximately accurate for all  governmental entities.  Thus,  of 
the 85,006  governmental entities,  we estimate  that 81,600  (91 
percent) are small entities.

     Television and radio  stations.  The rules  adopted in  this 
Report and Order will apply to television broadcasting  licensees 
and radio broadcasting licensees.   The SBA defines a  television 
broadcasting station that  has $10.5  million or  less in  annual 
receipts  as  a   small  business.203   Television   broadcasting 
stations  consist   of   establishments  primarily   engaged   in 
broadcasting visual programs by television to the public,  except 
cable and  other pay  television services.204   Included in  this 
industry  are  commercial,  religious,  educational,  and   other 
television  stations.205    Also  included   are   establishments 
primarily engaged in  television broadcasting  and which  produce 
taped television program  materials.206  Separate  establishments 
primarily engaged in producing taped television program materials 
are classified  under another  NAICS code.207   There were  1,509 
television stations operating  in the nation  in 1992.208  As  of 
September  30,  2001,  Commission  records  indicate  that  1,686 
television broadcasting  stations were  operating,  approximately 
1,298 of which are considered small businesses.209  For  1992,210 
the number of television stations  that produced less than  $10.0 
million in revenue was 1,155 establishments.211 

     The SBA defines  a radio  broadcasting station  that has  $5 
million or less  in annual  receipts as a  small business.212   A 
radio broadcasting station is an establishment primarily  engaged 
in  broadcasting  aural  programs  by  radio  to  the  public.213  
Included in this industry are commercial, religious, educational, 
and other radio stations.214  Radio broadcasting stations,  which 
primarily are  engaged in  radio broadcasting  and which  produce 
radio program  materials  are  similarly  included.215   However, 
radio stations that are separate establishments and are primarily 
engaged in producing radio program material are classified  under 
another NAICS code.216  The 1992 Census indicates that 96 percent 
(5,861 of 6,127)  of radio station  establishments produced  less 
than $5  million  in  revenue  in  1992.217   Commission  records 
indicate that 11,334 individual radio stations were operating  in 
1992.218  As of September  30, 2001, Commission records  indicate 
that 13,012 radio stations  were operating, approximately  12,550 
of which are considered small businesses.219 

     Thus, the rules  may affect approximately  1,686 full  power 
television stations, approximately 1,298 of which are  considered 
small businesses.220  Additionally, the proposed rules may affect 
some 13,012 full  power radio stations,  approximately 12,550  of 
which are small businesses.221  These estimates may overstate the 
number of small  entities because  the revenue  figures on  which 
they are based  do not  include or aggregate  revenues from  non- 
television or  non-radio affiliated  companies.  There  are  also 
2,212 low  power television  (``LPTV'') stations.222   Given  the 
nature of this service, we  will presume that all LPTV  licensees 
qualify as small entities under the SBA definition.

     Cable systems.  The  rules adopted in  this proceeding  will 
also affect  small  cable  entities.  The  SBA  has  developed  a 
definition of  small  entities  for  ``Cable  and  Other  Program 
Distribution  Services,''  which  includes  all  such   companies 
generating $11  million or  less  in revenue  annually.223   This 
definition  includes  cable  system  operators,  closed   circuit 
television  services,   direct  broadcast   satellite   services, 
multipoint  distribution   systems,  satellite   master   antenna 
systems, and  subscription  television  services.   According  to 
Census Bureau data from  1992, there were  1,788 total cable  and 
other program distribution services and  1,423 had less than  $11 
million in revenue.224

     The Commission has developed its own definition of a ``small 
cable system''  for purposes  of the  EAS rules.   Cable  systems 
serving fewer than 10,000 subscribers per headend are  considered 
small cable systems  and are afforded  varying degrees of  relief 
from the EAS rules.225  Based on our most recent information,  we 
estimate that there are 8,552 cable systems that serve fewer than 
10,000 subscribers  per  headend.226  Consequently,  we  estimate 
that there are fewer than 8,552  small cable systems that may  be 
affected by the rules adopted herein.

     The Communications Act also contains a definition of a small 
cable system operator, which is ``a cable operator that, directly 
or through an  affiliate, serves  in the aggregate  fewer than  1 
percent of  all  subscribers in  the  United States  and  is  not 
affiliated  with  any  entity  or  entities  whose  gross  annual 
revenues  in   the  aggregate   exceed  $250,000,000.''227    The 
Commission has determined that  there are 67,700,000  subscribers 
in the United  States.228  Therefore, we  found that an  operator 
serving fewer than  677,000 subscribers shall  be deemed a  small 
operator, if its  annual revenues, when  combined with the  total 
annual revenues  of all  of its  affiliates, do  not exceed  $250 
million in the  aggregate.229  Based on  available data, we  find 
that the number of cable operators serving 677,000 subscribers or 
less totals  1,450.230   We do  not  request nor  do  we  collect 
information  concerning  whether   cable  system  operators   are 
affiliated with  entities  whose  gross  annual  revenues  exceed 
$250,000,000,231 and thus  are unable  at this  time to  estimate 
with greater precision the number of cable system operators  that 
would qualify as  small cable operators  under the definition  in 
the Communications Act. 

     Wireless cable systems.   The rules adopted  in this  Report 
and Order  will  also  apply to  wireless  cable  systems,  which 
include  Multipoint   Distribution   Service   and   Multichannel 
Multipoint Distribution Service stations (collectively,  ``MDS'') 
and Instructional Television  Fixed Service (``ITFS'')  stations.  
The Commission has defined ``small  entity'' for purposes of  the 
auction of MDS frequencies as  an entity that, together with  its 
affiliates, has average gross annual  revenues that are not  more 
than $40 million for the preceding three calendar years.232  This 
definition of small  entity in  the context of  MDS auctions  has 
been approved by  the SBA.233  The  Commission completed its  MDS 
auction in March  1996 for  authorizations in  493 basic  trading 
areas.  Of 67  winning bidders, 61  qualified as small  entities.  
At this  time, we  estimate that  of the  61 small  business  MDS 
auction winners, 48 remain small business licensees.

     MDS also includes licensees of stations authorized prior  to 
the auction.  As  noted, the  SBA has developed  a definition  of 
small entities for program distribution services, which  includes 
all such  companies  generating $11  million  or less  in  annual 
receipts.234  This definition  includes MDS and  thus applies  to 
MDS licensees  that  did  not participate  in  the  MDS  auction.  
Information  available   to   us   indicates   that   there   are 
approximately 392 incumbent  MDS licensees that  do not  generate 
revenue in excess  of $11 million  annually.  Therefore, we  find 
that there are approximately 440  small MDS providers as  defined 
by the  SBA  and the  Commission's  auction rules  which  may  be 
affected by the rules adopted in this proceeding.

     The  SBA   definition   of  small   entities   for   program 
distribution services also  appears to apply  to ITFS.235   There 
are presently  2,032  ITFS  licensees.   All  but  100  of  these 
licenses  are  held  by  educational  institutions.   Educational 
institutions  are  included   in  the  definition   of  a   small 
business.236  However, we do not collect annual revenue data  for 
ITFS licensees, and are not able to ascertain how many of the 100 
non-educational licensees would be categorized as small under the 
SBA definition.  Thus, we find that at least 1,932 ITFS are small 
businesses and may be affected by the rules adopted herein.

     D.   Description  of  Reporting,  Recordkeeping,  and  Other 
Compliance Requirements

     The rules adopted  in this  Report and Order  impose no  new 
reporting, recordkeeping or compliance requirements on  broadcast 
stations and  cable systems,  including wireless  cable  systems.  
This Report and Order adopts a number of new EAS event codes  and 
location codes which may be used by broadcast stations and  cable 
systems that  participate  voluntarily  in state  and  local  EAS 
activities.  Broadcast  stations and  cable systems  will not  be 
required to upgrade their existing EAS equipment to add these new 
event  and  location  codes.   Rather,  they  may  upgrade  their 
existing EAS  equipment to  add these  new codes  on a  voluntary 
basis until  the equipment  is replaced.   All existing  and  new 
models of EAS equipment manufactured after August 1, 2003 will be 
required to be  capable of receiving  and transmitting these  new 
codes.  

     The Report and Order also  makes revisions to the EAS  rules 
which will reduce  compliance burdens on  broadcast stations  and 
cable systems.  The  revised rules  permit, but  do not  require, 
broadcast stations and cable systems to modify their existing EAS 
equipment to  selectively  display  and  log  EAS  messages  that 
contain state and local event codes.  This selectively displaying 
and logging  feature will  relieve broadcast  stations and  cable 
systems from the burden of  logging unwanted EAS messages,  e.g., 
messages that  do not  apply to  their service  area or  messages 
concerning events which  they have decided  not to transmit.   In 
addition, the  revised rules  increase  the period  within  which 
broadcast stations and cable systems must retransmit the Required 
Monthly Test  (``RMT'')  from 15  minutes  to 60  minutes.   This 
revision will  provide  broadcast  stations  and  cable  systems, 
including smaller  stations  and  systems,  more  flexibility  to 
insert the  RMT  message  into their  program  schedules  without 
disrupting programming.  Additionally, the  rules are revised  to 
require that the modulation level of EAS codes be at the  maximum 
possible level, but  in no  case less  than 50%  of full  channel 
modulation limits.   This  revision  brings the  EAS  rules  into 
alignment with  the  modulation levels  currently  obtainable  by 
broadcast stations. 

     E.  Steps Taken to  Minimize Significant Economic Impact  on 
Small Entities, and Significant Alternatives Considered

     The RFA  requires  an  agency to  describe  any  significant 
alternatives that  it has  considered in  reaching its  approach, 
which may include the following four alternatives (among others): 
(1)  the  establishment  of  differing  compliance  or  reporting 
requirements or timetables that  take into account the  resources 
available   to   small    entities;   (2)   the    clarification, 
consolidation,  or  simplification  of  compliance  or  reporting 
requirements under the rule  for small entities;  (3) the use  of 
performance rather than  design standards; and  (4) an  exemption 
from coverage of the  rule, or any part  thereof, for such  small 
entities.237

     The Report  and Order  reduces compliance  requirements  for 
small entities by exempting satellite/repeater broadcast stations 
which rebroadcast 100%  of the programming  of their hub  station 
from the requirement to install EAS equipment; authorizing  cable 
systems and  wireless  cable  systems serving  fewer  than  5,000 
subscribers to meet  the October 1,  2002 compliance deadline  by 
installing  certified  EAS  decoders,  if  such  decoders  become 
available, rather than both  encoders and decoders; and  delaying 
the requirement that LPFM stations install certified EAS decoders 
until one  year after  the Commission  publishes in  the  Federal 
Register a public notice indicating that at least one decoder has 
been certified.

     In adopting  new  event codes  and  location codes  in  this 
Report and  Order,  we  took  into  account  concerns  raised  by 
commenters that a requirement to update existing EAS equipment to 
add the  new  codes  could  impose a  financial  burden  on  some 
broadcast  stations  and  cable  systems,  particularly   smaller 
entities.  We therefore  declined to  require broadcast  stations 
and cable systems to  upgrade existing EAS  equipment to add  the 
new codes.  Instead,  we opted  to permit them  to upgrade  their 
existing equipment on  a voluntary basis  until the equipment  is 
replaced.  We believe that  this approach promotes public  safety 
by enhancing  state and  local  EAS without  imposing  additional 
costs or burdens on broadcast stations and cable systems that may 
have the undesired effect of reducing voluntary participation  in 
state and  local EAS  activities.  In  addition, we  declined  to 
adopt several  other proposals,  including a  proposal to  revise 
several existing event  codes, due  to concerns  that they  would 
impose substantial costs on broadcast stations and cable systems.

     Report to Congress:  The Commission will send a copy of this 
Report and Order, including  this FRFA, in  a report to  Congress 
pursuant  to  the  Congressional  Review  Act,  see  5  U.S.C.  § 
801(a)(1)(A).  In addition,  the Commission will  send a copy  of 
this Report and Order, including  the FRFA, to the Chief  Counsel 
for Advocacy for  the Small Business  Administration.  A copy  of 
the Report and Order and FRFA (or summaries thereof) will also be 
published in the Federal Register. See 5 U.S.C. § 604(b).

_________________________

  1  47 C.F.R. §§ 11.1, et seq.

  2  Amendment of Part 73, Subpart  G, of the Commission's  Rules 
Regarding the Emergency  Broadcast System, Report  and Order  and 
Further Notice of Proposed Rule Making, FO Docket Nos. 91-171/91-
301, 10  FCC  Rcd  1786  (1994)  (``First  Report  and  Order''), 
reconsideration granted in part, denied in part, 10 FCC Rcd 11494 
(1995) (``Memorandum Opinion and Order'').

  3  Amendment of Part 73, Subpart  G, of the Commission's  Rules 
Regarding the  Emergency  Broadcast  System,  Second  Report  and 
Order, FO  Docket Nos.  91-171/91-301, 12  FCC Rcd  15503  (1997) 
(``Second Report and Order'').  For purposes of the EAS rules,  a 
``wireless  cable  system''   is  a   collection  of   Multipoint 
Distribution  Service,   Multichannel   Multipoint   Distribution 
Service or Instructional Television  Fixed Service channels  used 
to provide  video  programming  and  other  one-way  and  two-way 
communications services  to  subscribers.  The  channels  may  be 
licensed to or leased by wireless cable system operators.  See 47 
C.F.R. § 11.11(c)(1).

  4  Although all broadcast stations, cable systems and  wireless 
cable systems are  required to install  EAS equipment, they  have 
the  option   of  requesting   FCC  authorization   to  be   Non-
participating National  (``NN'')  sources.   In the  event  of  a 
national EAS alert, NN sources  are required to transmit a  sign-
off announcement  and then  go off  the air.   See 47  C.F.R.  §§ 
11.19, 11.41 and 11.54.  In  addition, Class D noncommercial  FM, 
low power FM and  low power TV stations  are required to  install 
EAS decoders,  but are  not required  to install  or operate  EAS 
encoders.  See 47 C.F.R. § 11.11(b).  

  5  Hereafter,  for  convenience,  we  include  wireless   cable 
systems when we refer to cable systems.

  6  Notice of Proposed Rulemaking, Amendment  of Part 11 of  the 
Commission's Rules Regarding the  Emergency Alert System, 16  FCC 
Rcd 7255 (2001).

  7  NWS Petition  for Rulemaking,  RM-9215 (filed  December  30, 
1997).  The Commission  staff issued a  public notice  announcing 
the filing of NWS's  Petition on January  14, 1998.  Comments  on 
NWS's petition were filed by the Society of Broadcast Engineers.

  8  SBE Petition  for  Rulemaking,  RM-9156  (filed  August  14, 
1997).  The Commission  staff issued a  public notice  announcing 
the filing of  SBE's petition  on August 22,  1997.  Comments  on 
SBE's  petition  were  filed  by  the  National  Association   of 
Broadcasters,  Fox  Television  Stations,  Inc.,  Multi-Technical 
Services, Inc., and the  West Virginia Broadcasters  Association.  
Reply comments were filed by SBE.

  9  A list  of  the commenters  and  reply commenters,  and  the 
abbreviations by which they are referred to in this document,  is 
set forth in Appendix A.  

  10      NPRM, 16 FCC Rcd at 7257.

  11      Under NWS's  naming  convention,  ``warnings''  include 
events that pose  a significant  threat to  public safety  and/or 
property, have a high probability  of occurrence in a  particular 
location, and  have a  relatively short  onset time;  ``watches'' 
include events that  pose a significant  threat to public  safety 
and/or property,  but either  the onset  time or  probability  of 
occurrence or  location  is  uncertain;  ``emergencies''  include 
events that do not  meet the definition of  warning or watch  but 
are of such a  nature that the information  is important and  may 
require  public  response;   and  ``statements''  are   follow-up 
messages.  NPRM, 16 FCC Rcd at 7257.

  12      NWS Comments at 1.

  13      NWS states that the  naming convention was included  in 
the NWR-SAME specification prior to the manufacture of the  first 
NWR-SAME  weather  receivers  and  NWS  believes  that  all  such 
receivers have this capability.  NWS Comments at 1.   RadioShack, 
the leading supplier  of consumer NWR-SAME  weather radios,  also 
confirms  that   its  weather   radios  have   this   capability.  
RadioShack Comments at 1-2. 

  14      SBE Comments at 7; Thunder Eagle Comments at 5-6; Named 
StBAs  Reply  Comments  at  3.   In  addition,  the   Connecticut 
Broadcaster  Association   Emergency   Communications   Committee 
(``CBA/EAS'') submitted  separate  comments  indicating  that  it 
fully supports and incorporates  by reference the comments  filed 
by Named StBAs.   CBA/EAS Comments at  1.  Hereafter, we  include 
CBA/EAS when we refer to Named StBAs.

  15      NWS Comments at 2.

  16      NCTA Comments at 4-5; NAB Comments at 3-4; Named  StBAs 
Comments at 6; WSAB/WA SECC Comments at 4.

  17      Gorman Comments at 1; TFT Comments at 3.

  18      NCTA Comments at 4.

  19      Gorman  Comments  at  1;  TFT  Comments  at  3.   These 
estimates include the cost of  upgrading EAS equipment to  revise 
existing codes and to add new codes.

  20      NCTA Comments at 5.

  21      NCTA Comments at 4; Named StBAs Comments at 6;  WSAB/WA 
SECC Comments at 4; Seven Ranges Comments at 11.

  22      NWS Comments at 2.

  23      Named StBAs Comments at 7; WSAB/WA SECC Comments at 4.

  24      47 C.F.R. § 11.31(e).

  25      NPRM, 16 FCC Rcd at 7257.

  26      Id. at 7268-69.

  27      Id. at 7261.  See 47 C.F.R. § 2.1043.

  28      See NWS Comments at 2; SBE Comments at 15; NAB Comments 
at 3; NCTA Comments at 4; Named StBAs Comments at 7; WSAB/WA SECC 
Comments at 4; RadioShack Comments at 3; Cox Comments at 3;  Ohio 
EMA Comments  at 2;  Thunder Eagle  Comments at  7;  Schallenberg 
Comments at 2;  OAPC Comments  at 2;  ARMS Comments  at 2;  NCMEC 
Comments at 9; DC  AMBER Taskforce Comments at  1; 39 Members  of 
Congress Comments at 1; Range Telecommunications Comments at 1.

  29      Id.

  30      Named StBAs Comments  at 13; WSAB/WA  SECC Comments  at 
11-12; Ohio  EMA Comments  at 3-4;  TFT Comments  at 7-8;  Gorman 
Comments at 2; Thunder Eagle Comments  at 12; NWS Comments at  7; 
RadioShack Comments at 3; SBE Reply Comments at 7.  

  31      Named StBAs Comments  at 13; WSAB/WA  SECC Comments  at 
11-12; TFT Comments at 8.

  32      Named StBAs Comments  at 13; WSAB/WA  SECC Comments  at 
11-12.

  33      However, as discussed below, we will amend the rules to 
provide  that  any  modifications  to  existing  authorized   EAS 
equipment that are necessary to implement revisions in EAS  codes 
are Class  I  permissive  changes  that  do  not  require  a  new 
application for and grant of equipment certification.

  34      SBE Comments at 7;  Ohio EMA Comments  at 2; SBE  Reply 
Comments at 11.

  35      NCTA Comments at 4-5; NAB Comments at 4; Thunder  Eagle 
Comments at 5.

  36      NCTA Comments at 4-5.

  37      In 1976, the FCC,  NWS, the Defense Civil  Preparedness 
Agency and the  National Industry  Advisory Committee  (``NIAC'') 
approved a plan for the use of the former EBS for state and local 
emergencies.  See  Plan  for  Nationwide  Use  of  the  Emergency 
Broadcast System for State and Local Emergencies (June 28, 1976).  
This plan  was  revised  in  1982 pursuant  to  a  Memorandum  of 
Understanding between the FCC,  the Federal Emergency  Management 
Agency, NWS and NIAC.  See  Memorandum of Understanding on  State 
and Local Emergency Broadcasting System (April 21, 1982).  

  38      Gorman Comments at 1; TFT Comments at 3; NCTA  Comments 
at 4.

  39      Gorman  Comments  at  1;  TFT  Comments  at  3.   These 
estimates include the cost of  upgrading EAS equipment to  revise 
existing codes and to add new codes.

  40      See KPVI Comments  at 1; Seven  Ranges Comments at  11; 
NAB Comments at 4.

  41      NCTA Comments at 4.

  42      Id.

  43      NAB Comments at 8.

  44      NCTA Comments at 4; WSAB/WA  SECC Comments at 3;  Named 
StBAs Comments at 5.

  45      One manufacturer  states  that  if  one  of  its  units 
receives a new code before it is upgraded, it will print out that 
it has received  an ``unknown  event'' and will  not forward  the 
message.  Gorman Comments at  1.  Another manufacturer  indicates 
that its non-upgraded units will not recognize new codes as valid 
EAS messages.  TFT Comments at 3.

  46      Named StBAs Comments at 7; WSAB/WA SECC Comments at 4.

  47      SBE Comments at 15; Named StBAs Comments at 7;  WSAB/WA 
SECC Comments at 4; Gorman Comments at 1.

  48      See e.g., NWS Comments at  3-4; SBE Comments at  16-19; 
Named StBAs Comments at  8-9; WSAB/WA SECC  Comments at 5-6;  Cox 
Comments at 3-4; Thunder Eagle Comments at 7-8; OAPC Comments  at 
2-3; NCMEC Comments at 6-10;  ARMS Comments at 4; Frost  Comments 
at 1; DC AMBER Taskforce Comments at 3-4; SBT Comments at 1-2; 39 
Members of Congress Comments at 1-2; Range Comments at 1.

  49      NPRM, 16 FCC Rcd at 7268.

  50      NCMEC Comments  at  6-10;  OAPC  Comments  at  3;  ARMS 
Comments at 4; DC AMBER Taskforce Comments at 3-4; 39 Members  of 
Congress Comments at 1-2; Lampson Comments at 1-2; Frost Comments 
at 1; Range  Comments at  1; NAB  Comments at  6-8; WSAB/WA  SECC 
Comments at 6-8; Named StBAs Comments at 7-9; SBE Comments at 16; 
SBT Comments  at  1-2; KPVI  Comments  at 1;  Named  StBAs  Reply 
Comments at 3; SBE Reply Comments at 3-4.  None of the commenters 
oppose addition of a specific event code to activate AMBER Plans.

  51      NCMEC explains that  the acronym  ``AMBER'' stands  for 
``America's  Missing:   Broadcast  Emergency  Response.''   NCMEC 
Comments at 2.

  52      NCMEC Comments at 2-8.

  53      NCMEC Comments at 9; 39 Members of Congress Comments at 
1; Lampson Comments at 1; OAPC Comments at 3; ARMS Comments at 4; 
WSAB/WA SECC Comments at 7;  DC AMBER Taskforce Comments at  3-4; 
SBT Comments at 1; Named StBAs  Comments at 8-9; NAB Comments  at 
6-7; Range Comments at 1; SBE Reply Comments at 3-4.

  54      WSAB/WA SECC Comments at 8.

  55      NPRM, 16 FCC Rcd at 7269.

  56      WSAB/WA  SECC  Comments  at  6;  SBE  Comments  at  18.  
WSAB/WA SECC notes that while the non-precipitation warning codes 
are for  NWS internal  use only,  some systems  require a  manual 
translation of  the code  received into  a different  code to  be 
transmitted, and that an operator  error could result in the  NWS 
sending a  nuclear power  plant warning  inadvertently.   WSAB/WA 
SECC Comments at 6.

  57      NWS Comments at 4.

  58      SBE Comments at 18; SBE Reply Comments at 4.

  59      NPRM, 16 FCC Rcd at 7269.

  60      WSAB/WA SECC Comments at 5; SBE Reply Comments at 5-6.

  61      NPRM, 16 FCC Rcd at 7269.

  62      NWS Comments at 3.

  63      SBE Reply Comments at 5.

  64      NPRM, 16 FCC Rcd at 7269.

  65      SBE Comments at 12.

  66      We acknowledge that EAS equipment at broadcast stations 
and cable systems which monitor  NWR directly will not  recognize 
these administrative  codes and  may  log an  ``unknown  event.''  
Broadcast  stations  and  cable  systems  may  avoid  this  minor 
inconvenience by  upgrading their  equipment to  incorporate  the 
selective displaying and  logging feature we  are authorizing  in 
this Report and Order.  See paragraph 45 below.

  67      Thunder Eagle Comments at  8; Martin Reply Comments  at 
1.

  68      SBE Reply Comments at 11.

  69      SBE Comments at 15; WSAB/WA SECC Comments at 4.

  70      SBE Comments at 16-19; WSAB/WA SECC Comments at 5-6.  

  71      One equipment manufacturer notes, without  elaboration, 
that ``the  event code  table and  location code  table can't  be 
unlimited.''  Gorman Comments at 1.

  72      NPRM, 16 FCC Rcd at 7257.

  73      Specifically, we  are not  adding the  suggested  event 
codes for Civil Danger Watch, Dust Storm Watch, Earthquake Watch, 
Hazardous Materials Watch, Radiological Hazard Watch and  Volcano 
Watch.

  74      NPRM, 16 FCC Rcd at 7259.

  75      NCTA Comments at 6.

  76      Ohio EMA Comments at 2.

  77      SBE Comments at 14-15.

  78      Id.

  79      Named StBAs Comments at 9-10; WSAB/WA SECC Comments  at 
8-9.

  80      Thunder Eagle Comments at 9-10.

  81      SBE Reply Comments at 11.

  82      47 C.F.R. § 11.31(f).

  83      NPRM, 16 FCC Rcd at 7259-60.

  84      Id. at 7270.

  85      NWS Comments at 5; NAB Comments at 4; Collins  Comments 
at 2; Cox Comments  at 2; Ohio EMA  Comments at 2; Thunder  Eagle 
Comments at 10.

  86      Id. at 10.

  87      NWS Reply Comments at 1.

  88      Schallenberg Comments at 2.

  89      NCTA Comments at 6.

  90      NPRM, 16 FCC Rcd at 7260.

  91      NWS Comments at  5; SBE Comments  at 11; Thunder  Eagle 
Comments at 11; Cox  Comments at 2; Ohio  EMA Comments at 2;  TFT 
Comments at 5.

  92      NAB Comments at 5.

  93      Memorandum Opinion and Order, 10 FCC Rcd at 11500.

  94      TFT Comments at 5.

  95      Gorman Comments at 2.   See also Seven Ranges  Comments 
at 13.

  96      NWS Comments at 5; SBE Reply Comments at 7.

  97      See 47 C.F.R. § 11.31(c).  See also Memorandum  Opinion 
and Order, 10 FCC Rcd at 11500.

  98      NPRM, 16 FCC Rcd at 7260-61.

  99      RadioShack Comments at 4;  Named StBAs Comments at  11; 
WSAB/WA SECC  Comments at  9-10;  NCTA Comments  at 6;  Ohio  EMA 
Comments at 3; Thunder Eagle  Comments at 11-12; Gorman  Comments 
at 2; SBE Reply Comments at 6.  Only one commenter states that it 
is not opposed to customized location coding.  TFT Comments at 6.

  100     NPRM, 16 FCC Rcd at 7261.

  101     NWS Comments at 7.

  102     NAB Comments at  3; Named  StBAs Comments  at 12;  NCTA 
Comments at 7-8; WSAB/WA SECC Comments at 10-11; SBE Comments  at 
14;  Thunder  Eagle  Comments  at  12;  Gorman  Comments  at   2; 
RadioShack Comments at 4-5; Ohio EMA Comments at 19.  Cox was the 
only commenter which supported revision of NWS's originator code.  
Cox Comments at 2-3.

  103     NPRM, 16 FCC Rcd at 7262-63.

  104     47 C.F.R. § 11.33(a)(3) and (a)(4).

  105     The Part 11 rules do not specify how EAS messages  must 
be logged by EAS equipment.  EAS equipment generally logs an  EAS 
message by  printing  a record  of  the message  on  an  external 
printer, by storing  the message  internally, or  by storing  the 
message in an external computer.  In addition, broadcast stations 
and cable systems are required to make entries of EAS activations 
and tests in their station logs or system records.  

  106     NWS Comments at 7; SBE  Comments at 2; NAB Comments  at 
5; Ohio EMA  Comments at  4; Thunder  Eagle Comments  at 13;  TFT 
Comments at 8-9.

  107     NWS Comments at 7.

  108     SBE Comments at 2; SBE Reply Comments at 7-8.

  109     See   47   C.F.R.   §§   11.51(l),   11.52(e)(2)    and 
11.61(a)(1)(v).

  110     NPRM, 16 FCC Rcd at 7262.

  111     NAB Comments  at 6;  NCTA Comments  at 8;  Named  StBAs 
Comments at 13-14; WSAB/WA SECC  Comments at 12; Cox Comments  at 
7; Ohio EMA Comments at 4; Salem Comments at 1-2; Gorman Comments 
at 2. 

  112     Tharp Comments at 1-2.  

  113     Heskett Comments at 1.

  114     Seven Ranges Comments at 5.  

  115     SBE Reply Comments at 8.

  116     NPRM, 16 FCC Rcd at 7262.

  117     SBE Comments at 1-2.

  118     RadioShack Comments at 5.

  119     NPRM, 16 FCC Rcd at 7263.

  120     NAB Comments  at  3-4;  Named  StBAs  Comments  at  14; 
WSAB/WA SECC Comments at 13; NCTA Comments at 9; Cox Comments  at 
5; NWS Comments  at 8;  RadioShack Comments at  6; Thunder  Eagle 
Comments at 14-15; Named StBAs Reply Comments at 7.

  121     SBE Comments at 5; SBE Reply Comments at 7.

  122     NCTA Comments at 9.

  123     Named StBAs Comments  at 14; WSAB/WA  SECC Comments  at 
13; Cox Comments at 5; Thunder Eagle Comments at 15.

  124     NPRM, 16 FCC Rcd at 7264.

  125     SBE Comments  at 6;  Named StBAs  Comments at  16;  Cox 
Comments at 6-7; and WSAB/WA SECC Comments at 14.

  126     SBE Comments at 6; Cox Comments at 6.

  127     47 C.F.R. § 11.51.

  128     Ohio EMA Comments at 5.

  129     See 47 C.F.R. §§ 11.44(c), 11.51(k)(2) and 11.51(l).

  130     See 47 C.F.R. §§ 11.51(j) and 11.52(c).

  131     ``Key'' stations and systems are broadcast stations and 
cable systems that are designated  as state or local primary  EAS 
sources in  their  EAS  plan  and thus  are  monitored  by  other 
stations and systems in their EAS area.  

  132     NPRM, 16 FCC Rcd at 7263-64.

  133     Named StBAs Comments  at 15; WSAB/WA  SECC Comments  at 
13, Ohio EMA Comments at 5.

  134     NPRM, 16 FCC Rcd at 7264.

  135     Ohio EMA  reports  that  the  State  of  Ohio  has  not 
experienced this problem.  Ohio EMA Comments at 5.

  136     TFT Comments at 10.

  137     NPRM, 16 FCC Rcd at 7264-65.

  138     The other  network used  to distribute  national  level 
messages is the Primary Entry  Point (``PEP'') system, which  was 
originally developed to  serve as  a backup to  the EAN  network.  
The PEP  system consists  of a  nationwide network  of  broadcast 
stations  designated  as  National   Primary  sources  that   are 
connected  with  government  activation  points.   47  C.F.R.   § 
11.14(b).

  139     Memorandum from President William  J. Clinton to  James 
L. Witt, Director, Federal Emergency Management Agency (September 
15, 1995).  

  140     Named StBAs Comments at 16; Ohio EMA Comments at 5.

  141     NPRM, 16 FCC Rcd at 7265.

  142     47 C.F.R. § 11.54(b)(9).

  143     Letter  to   Douglas   W.  Garlinger,   Chairman,   EAS 
Compliance   Committee,   National   Association   of   Shortwave 
Broadcasters, Inc.,  from  Arlan  K.  van  Doorn,  Deputy  Chief, 
Compliance  and   Information  Bureau,   Federal   Communications 
Commission (December 20, 1996).

  144     Ohio EMA Comments at 5.

  145     Public Broadcasters Comments at 4-8.

  146     Public Broadcasters  Comments  at 3  (citing  Louisiana 
Association of Broadcasters, 57 FCC 2d 648, 651 (1976)).

  147     On February 16, 2001,  the Public Broadcasters filed  a 
joint request  for  a  permanent waiver  of  the  requirement  to 
install EAS  equipment  for certain  satellite/repeater  stations 
which rebroadcast 100%  of their hub  station's programming.   By 
letter dated April  19, 2001,  the Commission  staff denied  this 
request,  stating  that  changes  of  this  magnitude  are   best 
addressed in  a  rulemaking  proceeding so  that  all  interested 
parties may have the opportunity to comment.  Letter from  Joseph 
P.  Casey,   Chief,  Technical   and  Public   Safety   Division, 
Enforcement  Bureau,   Federal  Communications   Commission,   to 
Christine J. Newcomb, Dow, Lohnes & Albertson (April 19, 2001).

  148     Commission   records    indicate   that    there    are 
approximately 100  satellite/repeater  stations  which  currently 
have temporary  waivers  of  the  EAS rules  and  thus  would  be 
eligible for the exemption.

  149     NCTA/TDI/NAD Comments at 2-3.

  150     47 C.F.R. § 11.11(a).

  151     Media Access Project Comments at 1-2.

  152     47 C.F.R. § 11.11(b).

  153     Creation of a Low Power Radio Service, 15 FCC Rcd 2205, 
2282 (2000).

  154     Public Notice, DA 01-2775 (released November 30, 2001).

  155     A list of the parties  which submitted comments on  the 
public notice, and the abbreviations  by which they are  referred 
to in this document, is set forth in Appendix A.  

  156     HollyAnne Supplemental Comments at 1; Sage Supplemental 
Comments at 1.

  157     HollyAnne Supplemental Comments at 1.

  158     Sage Supplemental Comments at 1.

  159     TFT Supplemental Comments at 4.

  160     Id. at 5.

  161     Id. at 6-7.

  162     Vela Supplemental Comments at 2.

  163     ACA Supplemental Comments at 1.

  164     WCA Supplemental Comments at 1.

  165     SBE Supplemental Comments at 4.

  166     47 C.F.R. § 11.33.

  167     ACA Supplemental Comments at 1.

  168     Second Report and Order, 12 FCC Rcd at 15513, n. 59.

  169     47 U.S.C.  §  544(g).   Section  624(g)  provides  that 
``each cable operator  shall comply  with such  standards as  the 
Commission shall  prescribe  to  ensure  that  viewers  of  video 
programming on  cable systems  are  afforded the  same  emergency 
information as is afforded  by the emergency broadcasting  system 
pursuant to Commission regulations ....''

  170     CCB Supplemental Comments at 1; Prometheus Supplemental 
Comments at 2; Christian Witness Supplemental Comments at 1; KURC 
Supplemental Comments at 1; Saunders Supplemental Comments at  1; 
Newport Supplemental Comments at 1; Bowles Supplemental  Comments 
at 1.

  171     CCB Supplemental Comments at 2; Prometheus Supplemental 
Comments at 2.

  172     Lexington   Calvary   Supplemental   Comments   at   1; 
Viernstein Supplemental Comments at 1.

  173     15 FCC Rcd at 2280.

  174     Id. at 2282.

  175     NPRM, 16 FCC Rcd at 7266.

  176     Two commenters argue that the  monthly tests are not  a 
burden to EAS participants and therefore should remain in  place.  
Named StBAs Comments at 17; WSAB/WA SECC Comments at 14.

  177     Two commenters assert that making the attention  signal 
optional would decrease the effectiveness  of EAS at the risk  of 
public safety.  Named StBAs Comments at 17; WSAB/WA SECC Comments 
at 14.   Two  commenters  support  making  the  attention  signal 
optional.  Ohio EMA Comments at 5; Seven Ranges Comments at 15.

  178     Two commenters support adding the EVI code to the  list 
of event  codes for  which retransmission  is required.   WSAB/WA 
SECC Comments at 15; Ohio EMA Comments at 5.

  179     SBE Comments at 3; SBE Reply Comments at 9.

  180     NAB Comments at 13-15.  

  181     Second Report and Order, 12  FCC Rcd at 15521.  See  47 
C.F.R. § 11.51(g)(4).

  182     Amendment of Part  73, Subpart G,  of the  Commission's 
Rules Regarding the Emergency Broadcast System, Third Report  and 
Order, FO Docket  Nos. 91-171/91-301,  14 FCC  Rcd 1273,  1282-83 
(1998) (``Third Report and Order'').

  183     NAB Comments at 14.

  184     NCTA Reply Comments at 2-3.  NCTA also points out  that 
according to NAB's  own estimate,  the cost to  cable systems  of 
implementing  mandatory  selective  override  would  range   from 
$10,000 to 15,000 per system.  Id.  at 3 (citing NAB Comments  at 
14).

  185     Third Report and Order, 14 FCC Rcd at 1282.

  186     NAB Comments at 11-13; Seven Ranges Comments at  11-13; 
Named StBAs Reply Comments at 8-9; SBE Reply Comments at 9.

  187     WSAB/WA SECC Comments at 16-17; SBE Comments at  13-14; 
NWS Reply Comments at 2.

  188     See 47 C.F.R. § 11.31(c).

  189     Thunder Eagle Comments  at 2-3.   For example,  Thunder 
Eagle  states  that  although  Hurricane  Watches  and   Warnings 
regularly last for 24 to 48  hour periods, NWS will not encode  a 
Hurricane Watch or Warning alert message for more than six  hours 
or reissue the alert after the initial six-hour period.

  190     SBE Reply Comments at 12-13.

  191     See 5 U.S.C.  § 603.  The  RFA, see 5  U.S.C. § 601  et 
seq., has been amended by  the Contract With America  Advancement 
Act  of  1996,  Pub.  L.  No.  104-121,  110  Stat.  847   (1996) 
(``CWAAA'').  Title  II  of  the  CWAAA  is  the  Small  Business 
Regulatory Fairness Enforcement Act of 1996.  

  192     Notice of Proposed Rulemaking, Amendment of Part 11  of 
the Commission's Rules Regarding  the Emergency Alert System,  16 
FCC Rcd 7255, 7271-76 (2001).

  193     5 U.S.C. § 604(a)(3).

  194     5 U.S.C. § 601(6).

  195     5 U.S.C.  §  601(3)  (incorporating  by  reference  the 
definition of ``small  business concern''  in 15  U.S.C. §  632).  
Pursuant to the RFA, the statutory definition of a small business 
applies ``unless an agency, after consultation with the Office of 
Advocacy  of  the   Small  Business   Administration  and   after 
opportunity  for  public   comment,  establishes   one  or   more 
definitions of such term which are appropriate to the  activities 
of the agency  and publishes  such definition(s)  in the  Federal 
Register.'' 

  196     Small Business Act, 15 U.S.C. § 632 (1996).

  197     5 U.S.C. § 601(4).

  198     U.S. Department of Commerce, Bureau of the Census, 1992 
Economic Census,  Table  6  (special  tabulation  of  data  under 
contract to  Office  of  Advocacy  of  the  U.S.  Small  Business 
Administration).

  199     47 C.F.R. § 1.1162.

  200     5 U.S.C. § 601(5).

  201     U.S. Dept. of  Commerce, Bureau of  the Census,  ``1992 
Census of Governments.''

  202     Id.

  203     13 C.F.R. § 121.201, NAICS code 513120.

  204     U.S. Department  of  Commerce, Bureau  of  the  Census, 
Economics  and   Statistics   Administration,  1992   Census   of 
Transportation, Communications and  Utilities, Establishment  and 
Firm Size, Series UC92-S-1,  Appendix A-9 (1995) (``1992  Census, 
Series UC92-S-1'').

  205     Id.; see Executive Office  of the President, Office  of 
Management and Budget, Standard Industrial Classification  Manual 
(1987),  at  283,   which  describes  ``Television   Broadcasting 
Stations'' (SIC code 4833, now NAICS code 513120).

  206     1992 Census, Series UC92-S-1, at Appendix A-9.

  207     Id.; formerly SIC code  7812 (Motion Picture and  Video 
Tape Production); formerly  SIC code  7922 (Theatrical  Producers 
and Miscellaneous Theatrical Services)  (producers of live  radio 
and television programs).

  208     FCC News  Release No.  31327 (January  13, 1993);  1992 
Census, Series UC92-S-1, at Appendix A-9.

  209     FCC News  Release,  ``Broadcast Station  Totals  as  of 
September 30, 2001.''

  210     A  census  to   determine  the   estimated  number   of 
Communications establishments is performed  every five years,  in 
years ending  with a  ``2'' or  ``7.''  See  1992 Census,  Series 
UC92-S-1, at III.

  211     The amount  of $10  million was  used to  estimate  the 
number of  small  business establishments  because  the  relevant 
Census categories stopped at $9,999,999 and began at $10,000,000.  
No category for  $10.5 million  existed. Thus, the  number is  as 
accurate as  it  is  possible to  calculate  with  the  available 
information.

  212     13 C.F.R. § 121.201, NAICS codes 51311 and 51312.

  213     1992 Census, Series UC92-S-1, at Appendix A-9.

  214     Id.

  215     Id.

  216     Id.

  217     The Census Bureau counts radio stations located at  the 
same facility as  one establishment.   Therefore, each  colocated 
AM/FM combination counts as one establishment.

  218     FCC News Release, No. 31327 (January 13, 1993).

  219     FCC News  Release,  ``Broadcast Station  Totals  as  of 
September 30, 2001.''

  220     We use the 77% figure of TV stations operating at  less 
than $10 million for 1992 and apply it to the 2001 total of 1,686 
TV stations  to arrive  at 1,298  stations categorized  as  small 
businesses.

  221     We   use   the   95.65%   figure   of   radio   station 
establishments with  less  than  $5  million  revenue  from  data 
presented in the year  2001 estimate and apply  it to the  13,012 
individual station count to arrive at 12,550 individual  stations 
categorized as small businesses.

  222     FCC News  Release,  ``Broadcast Station  Totals  as  of 
September 30, 2001.''

  223     13 C.F.R. § 121.201, NAICS codes 513210 and 513220.

  224     U.S. Department of Commerce, Bureau of the Census, 1992 
Economic Census  Industry and  Enterprise Receipts  Size  Report, 
Table 2D,  NAICS codes  513210  and 513220  (U.S. Bureau  of  the 
Census data under contract to the Office of Advocacy of the  U.S. 
Small Business Administration).

  225     The Commission developed this  definition based on  its 
determination that  requiring cable  systems serving  fewer  than 
10,000 subscribers to comply with  the EAS rules immediately  may 
have an  adverse economic  effect on  their operations.    Second 
Report and Order, 12 FCC Rcd at 15516-17.  Cable systems  serving 
between 5,000 and 10,000 subscribers per headend must install EAS 
equipment and  provide  audio  and  video  EAS  messages  on  all 
programmed channels by  October 1, 2002.   Cable systems  serving 
fewer than 5,000 subscribers per headend must either provide  the 
national level EAS message on all programmed channels or  install 
EAS equipment and provide  a video interrupt  and audio alert  on 
all programmed channels and  EAS audio and  video messages on  at 
least one programmed channel by October 1, 2002.  See 47 C.F.R. § 
11.11.

  226     Television and Cable Factbook, Warren Publishing, Inc., 
at I-98 (2000).

  227     47 U.S.C. § 543(m)(2).

  228     See  FCC  Announces  New   Subscriber  Count  for   the 
Definition of  Small  Cable  Operator, Public  Notice  DA  01-158 
(January 24, 2001).

  229     47 C.F.R. § 76.901(f).

  230     See  FCC  Announces  New   Subscriber  Count  for   the 
Definition of  Small  Cable  Operator, Public  Notice  DA  01-158 
(January 24, 2001). 

  231     We do receive such information on a case-by-case  basis 
only if a  cable operator appeals  a local franchise  authority's 
finding that  the operator  does  not qualify  as a  small  cable 
operator pursuant to Section 76.901(f) of the Commission's Rules.   
See 47 C.F.R. § 76.990(b).

  232     47 C.F.R. § 21.961(b)(1).

  233     See Amendment of  Parts 21 and  74 of the  Commission's 
Rules  With  Regard  to  Filing  Procedures  in  the   Multipoint 
Distribution Service and  in the  Instructional Television  Fixed 
Service   and   Implementation   of   Section   309(j)   of   the 
Communications Act -  Competitive Bidding, MM  Docket No.  94-131 
and PP  Docket No.  93-253, Report  and Order,  10 FCC  Rcd  9589 
(1995).

  234     13 C.F.R. § 121.201, NAICS codes 523210 and 523220.

  235     Id.

  236     5 U.S.C. § 601(3).

  237     5 U.S.C. § 603(c)(1) - (c)(4).